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CONSTITUTION 



Commonwealth of Massachusetts. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1902. 



By Transfer 






£ 



A CONSTITUTION 



FORM OF GOVERNMENT 



Commcrnimmltlj ot lltasarjnts^tts, 



PREAMBLE. 

The end of the institution, maintenance, and aclministra- objects of 
tion of government, is to secure the existence of the body g° vernment - 
politic, to protect it, and to furnish the individuals who 
compose it with the power of enjoying in safety and tran- 
quillity their natural rights, and the blessings of life : and 
whenever these great objects are not obtained, the people 
have a right to alter the government, and to take meas- 
ures necessary for their safety, prosperity, and happiness. 

The body politic is formed by a voluntary association Body pontic, 
of individuals : it is a social compact, by which the whole i t ™a°ure? d " 
people covenants with each citizen, and each citizen with 
the whole people, that all shall be governed by certain 
laws for the common good. It is the duty of the people, 
therefore, in framing a constitution of government, to pro- 
vide for an equitable mode of making laws, as well as for 
an impartial interpretation and a faithful execution of 
them ; that every man may, at all times, find his security 
in them. 

We, therefore, the people of Massachusetts, acknowl- 
edging, with grateful hearts, the goodness of the great 
Legislator of the universe, in affording us, in the course 
of His providence, an opportunity, deliberately and peace- 



CONSTITUTION OF THE 

ably, without fraud, violence, or surprise, of entering into 
an original, explicit, and solemn compact with each other ; 
and of forming a new constitution of civil government, 
for ourselves and posterity ; and devoutly imploring His 
direction in so interesting a design, do agree upon, ordain, 
and establish, the following Declaration of Rights, and 
Frame of Government, as the Constitution of the Com-' 

MONWEALTH OF MASSACHUSETTS. 



Equality and 
natural rights 
of all men. 



Right and duty 
of public relig- 
ious worship. 
Protection 
therein. 
2 Cush. 104. 
12 Allen, 129. 



Amendments, 
Art. XI substi- 
tuted for this. 



Legislature 
empowered to 
compel provi- 
sion for public 
worship ; 



PART THE FIRST. 

A Declaration of the Rights of the Inhabitants of the 
Commonwealth of Massachusetts. 

Article I. All men are born free and equal, and have 
certain natural, essential, and unalienable rights ; among 
which may be reckoned the right of enjoying and defend- 
ing their lives and liberties ; that of acquiring, possess- 
ing, and protecting property ; in fine, that of seeking and 
obtaining their safety and happiness. 

II. It is the right as well as the duty of all men in 
society, publicly, and at stated seasons, to worship the 
Supreme Being, the great Creator and Preserver of the 
universe. And no subject shall be hurt, molested, or 
restrained, in his person, liberty, or estate, for worship- 
ping God in the manner and season most agreeable to the 
dictates of his own conscience ; or for his religious pro- 
fession of sentiments ; provided he doth not disturb the 
public peace, or obstruct others in their religious worship. 

III. [As the happiness of a people, and the good order 
and preservation of civil government, essentially depend 
upon piety, religion, and morality; and as these cannot 
be generally diffused through a community but by the 
institution of the public worship of God, and of public 
instructions in piety, religion, and morality : Therefore, 
to promote their happiness, and to secure the good order 
and preservation of their government, the people of this 
commonwealth have a right to invest their legislature with 
power to authorize and require, and the legislature shall, 
from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to make suitable provision, at their own expense, 
for the institution of the public worship of God, and for 



secured. 



COMMONWEALTH OF MASSACHUSETTS. 5 

the support and maintenance of public Protestant teachers 
of piety, religion, and morality, in all cases where such 
provision shall not be made voluntarily. 

And the people of this commonwealth have also a right attTn^ancT' 0111 
to, and do, invest their legislature with authority to enjoin thereon. 
upon all the subjects an attendance upon the instructions 
of the public teachers aforesaid, at stated times and sea- 
sons, if there be any on whose instructions they can con- 
scientiously and conveniently attend. 

Provided, notwithstanding, that the several towns, par- Exclusive right 
ishes, precincts, and other bodies politic, or religious socie- fousteacfirV 8 " 
ties, shall, at all times, have the exclusive right of electing 
their public teachers, and of contracting with them for 
their support and maintenance. 

And all moneys paid by the subject to the support of Shomparochiai 
public worship, and of the public teachers aforesaid, shall, ^JfSSeaB 6 
if he require it, be uniformly applied to the support of the etc. ' 
public teacher or teachers of his own religious sect or de- 
nomination, provided there be any on whose instructions 
he attends ; otherwise it may be paid towards the support 
of the teacher or teachers of the parish or precinct in which 
the said moneys are raised. 

And every denomination of Christians, demeaning them- ah denomina- 
selves peaceably, and as good subjects of the commonwealth, protected! y 
shall be equally under the protection of the law : and no subordination 
subordination of any one sect or denomination to another j^oSierpro^ 
shall ever be established by law.] Minted. 

IV. The people of this commonwealth have the sole Right of self 
and exclusive right of governing themselves, as a free, Scured? 611 
sovereign, and independent state ; and do, and forever 
hereafter shall, exercise and enjoy every power, jurisdic- 
tion, and right, which is not, or may not hereafter be, by 

them expressly delegated to the United States of America, 
in Congress assembled. 

V. All power residing originally in the people, and ff^^^ 7 
being derived from them, the several magistrates and etc 
officers of government, vested with authority, whether 
legislative, executive, or judicial, are their substitutes 

and agents, and are at all times accountable to them. 

VI. No man, nor corporation, or association of men, services ren- 
have any other title to obtain advantages, or particular pSSfc^eSg 
and exclusive privileges, distinct from those of the com- p^uiffi pSvi^ 
munity, than what arises from the consideration of ser- leges.heredi- 

J -.-I, . tary omces are 

vices rendered to the public ; and this title being in absurd and 
nature neither hereditary, nor transmissible to children, 



CONSTITUTION OF THE 

or descendants, or relations by blood, the idea of a man 
born a magistrate, lawgiver, or judge, is absurd and 
unnatural. 
objeclsof gov- YII. Government is instituted for the common good . 

eminent; right o ' 

of people to for the protection, safety, prosperity, and happiness of the 

institute and 1 j j. * ■ axT Aj. u ' • j. 

change it. people; and not tor the profit, honor, or private interest 
of any one man, family, or class of men : Therefore the 
people alone have an incontestable, unalienable, and inde- 
feasible right to institute government ; and to reform, 
alter, or totally change the same, when their protection, 
safety, prosperity, and happiness require it. 
to!eeure?ot£ le VIII. In order to prevent those who are vested with 
tion in office, authority from becoming oppressors, the people have a 
right, at such periods and in such manner as they shall 
establish by their frame of government, to cause their 
public officers to return to private life ; and to fill up 
vacant places by certain and regular elections and appoint- 
ments. 
^JaimSdfn? 6 IX. All elections ought to be free ; and all the inhab- 
e r uaiiy b engibie itants of this common wealth, having such qualifications as 
th °d fi e C fi e nition r of * ne y sna ^ ^^bHsh by their frame of government, have an 
"inhabitant," equal right to elect officers, and to be elected, for public 

see Ch. 1, Sect. 1 , & ' r 

2, Art. II. employments . 122 Mass. 595, 596. 

tio?an°dduty e o C f X - Eaca individual of the society has a right to be 
contribution protected bv it in the enjoyment of his life, liberty, and 

correlative 

Taxation property, according to standing laws. He is obliged, con- 

consen?° n sequCntly, to contribute his share to the expense of this 

i6Mass^326. protection ; to give his personal service, or an equivalent, 

7 pick.' 344! when necessary : but no part of the property of any indi- 

12 Pick 184 467 .. • . 

16 Pick. 87.' ' vidual can, with justice, be taken from him, or applied to 

Tu&tii™' public uses, without his own consent, or that of the repre- 

7 0ray',363*. sentative body of the people. In fine, the people of this 

14 Gray, 154. commonwealth are not controllable by anv other laws 

1 Allen, 150. 1 • 1 1 • • • -i 

4 Aiien, 474. than those to which their constitutional representative 
erty nottoX body have given their consent. And whenever the pub- 
taken for public li c exigencies require that the property of any individual 

uses without, _ p • j ■ i 1 ff 1 1 n 

etc should be appropriated to public uses, he shall receive a 

6 Cush. 327. -, -. . • . 1 p 

14 Gray, 155. reasonable compensation therefor. 

16 Gray, 417, 

431. 1 Allen, 150. 103 Mass. 120, 624. 113 Mass. 45. 127 Mass. 50, 52, 

11 Allen, 530. 106 Mass. 356, 362. 116 Mass. 463. 358,363,410,413. 

12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441. 129 Mass. 559. 
100 Mass. 544, 560. HI Mass. 130. 

ret?™ B to!L XI - Every subject of the commonwealth ought to find 
law, to be free, a certain remedy, by having recourse to the laws, for all 

complete and ... i • i i • • 

prompt. injuries or wrongs which he may receive m his person, 

property, or character. He ought to obtain right and 



COMMONWEALTH OF MASSACHUSETTS. 7 

justice freely, and without being obliged to purchase it ; 
completely, and without any denial ; promptly, and with- 
out delay ; conformably to the laws. 

XH. No subject shall be held to answer for any crimes Prosecutions 
or offence, until the same is fully and plainly, substantially 8 pick. 211. 
and formally, described to him ; or be compelled to accuse, is Pick*. 434. 
or furnish evidence against himself. And every subject ^Met.^g 42 ' 
shall have a right to produce all proofs that may be favor- J 2 ^!^ 246 * 
able to him ; to meet the witnesses against him face to face, | gray', ieo. 
and to be fully heard in his defence by himself, or his 10 Gray, 11.' 
counsel, at his election. And no subject shall be arrested, 2 Aiien,'36i." 
imprisoned, despoiled, or deprived of his property, immu- Mot^^S!" 
nities, or privileges, put out of the protection of the law, ^.Aiien, 170. 
exiled, or deprived of his life, liberty, or estate, but by the ^ Mass. 570, 
judgment of his peers, or the law of the land. 100 Mass. 287, 

107 Mass. 172, 180. 118 Mass. 443, 451. 122 Mass. 332. 127 Mass. 550, 554. 103Mass. 418. 

108 Mass. 5, 6. 120 Mass. 118, 120. 124 Mass. 464. 129 Mass. 559. 

And the legislature shall not make any law that shall Right to trial 

t> J by jury in 

subject any person to a capital or infamous punishment, criminal cases, 

6xc6T)t etc 

excepting for the government of the army and navy, with- 8 Gray, 329, 373. 

, £. 1^ • 103 Mass. 418. 

out trial by jury. 

XHI. In criminal prosecutions, the verification of facts, Crimes to be 
in the vicinity where they happen, is one of the great- ?JS3ty! n the 
est securities of the life, liberty, and property of the ^Ma'ss^ei 62. 
citizen . 

XIY. Every subiect has a right to be secure from all Right of search 

J J n m and seizure 

unreasonable searches, and seizures, 01 his person, his regulated. 

, ,. j n i_« ■ Ail Const, of U.S., 

nouses, his papers, and all his possessions. All warrants, Amend'trv. 
therefore, are contrary to this right, if the cause or founda- IcuJhfse®. 
tion of them be not previously supported by oath or affir- l^tl^hi. 
mation, and if the order in the warrant to a civil officer, to iSoiKs 4 i°3 3 6 
make search in suspected places, or to arrest one or more HI- 

4. J a ' xl- ■ xi, 126 Mass. 269, 

suspected persons, or to seize their property, be not accom- 273. 
panied with a special designation of the persons or objects 
of search, arrest, or seizure : and no warrant ought to be 
issued but in cases, and with the formalities prescribed by 
the laws. 

XV. In all controversies concerning property, and in Right to trial 
all suits between two or more persons, except in cases in J:Leptfetc! red ' 
which it has heretofore been otherways used and practised, A mend°t vn S .'' 
the parties have a right to a trial by jury ; and this method 2 Pick. 382. 
of procedure shall be held sacred, unless, in causes arising 5 Gray, 144. 

,1 i • i i i i j , • , & 8 Gray, 373. 

on the high seas, and such as relate to mariners wages, n^Aiien, 574, 
the legislature shall hereafter find it necessary to alter it. io2*Mas8. 45,47. 

114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, 188. 
120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 600. 



CONSTITUTION OF THE 



Liberty of the 
press. 



Right to keep 
and hear arms. 
Standing armies 
dangerous. 
Military power 
subordinate to 
civil. 
5 Gray, 121. 



Moral qualifica- 
tions for office. 



Moral obliga- 
tions of law- 
givers and 
magistrates. 



Right of people 
to instruct rep- 
resentatives 
and petition 
legislature. 



Power to sus- 
pend the laws 
or their execu- 
tion . 



freedom of de- 
bate, etc., and 
reason thereof. 



Frequent ses- 
sions, and ob- 
jects thereof. 



Taxation 
founded on 
consent. 
8 Allen, 247. 



XVI. The liberty of the press is essential to the secu- 
rity of freedom in a state : it ought not, therefore, to be 
restrained in this commonwealth. 

XVII. The people have a right to keep and to bear 
arms for the common defence. And as, in time of peace, 
armies are dangerous to liberty, they ought not to be 
maintained without the consent of the legislature ; and 
the military power shall alwaj^s be held in an exact subor- 
dination to the civil authority, and be governed by it. 

XVIII. A frequent recurrence to the fundamental 
principles of the constitution, and a constant adherence 
to those of piety, justice, moderation, temperance, indus- 
try, and frugality, are absolutely necessary to preserve the 
advantages of liberty, and to maintain a free government. 
The people ought, consequently, to have a particular atten- 
tion to all those principles, in the choice of their officers 
and representatives : and they have a right to require of 
their lawgivers and magistrates an exact and constant 
observance of them, in the formation and execution of the 
laws necessary for the good administration of the common- 
wealth. 

XIX. The people have a right, in an orderly and peace- 
able manner, to assemble to consult upon the common 
good; give instructions to their representatives, and to 
request of the legislative body, by the way of addresses, 
petitions, or remonstrances, redress of the wrongs done 
them, and of the grievances they suffer. 

XX. The power of suspending the laws, or the execu- 
tion of the laws, ought never to be exercised but by the 
legislature, or by authority derived from it, to be exer- 
cised in such particular cases only as the legislature shall 
expressly provide for. 

XXI. The freedom of deliberation, speech, and debate, 
in either house of the legislature, is so essential to the 
rights of the people, that it cannot be the foundation of 
any accusation or prosecution, action or complaint, in any 
other court or place whatsoever. 

XXII. The legislature ought frequently to assemble 
for the redress of grievances, for correcting, strengthening, 
and confirming the laws, and for making new laws, as the 
common good may require. 

XXIII. No subsidy, charge, tax, impost, or duties 
ought to be established, fixed, laid, or levied, under any 
pretext whatsoever, without the consent of the people or 
their representatives in the legislature. 



COMMONWEALTH OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before ex post facto 
the existence of such laws, and which have not been de- i2AiG2,42i, e 
clared crimes by preceding laws, are unjust, oppressive, 424 ' 428 > 434 - 
and inconsistent with the fundamental principles of a free 
government. 

XXY. Xo subject ought, in any case, or in any time, Legislature not 
to be declared guilty of treason or felony by the legis- treason, C etc. 
lature. 

XXVI. Xo magistrate or court of law shall demand J r x S 8 e 8 ^ b d ail 
excessive bail or sureties, impose excessive fines, or inflict crueipunish- 

7 J- ments, pro- 

cruel or unusual punishments. 5G-ray, 482. hunted. 

XXVII. In time of peace, no soldier ought to be.quar- No soldier to be 
tered in any house without the consent of the owner ; and houseTuniess? 7 
in time of war, such quarters ought not to be made but etc ' 

by the civil magistrate, in a manner ordained by the legis- 
lature. 

XXVin. Xo person can in any case be subject to law- citizens exempt 
martial, or to any penalties or pains, by virtue of that law, tiai, unless, etc 
except those employed in the army or navy, and except 
the militia in actual service, but by authority of the legis- 
lature. 

XXIX. It is essential to the preservation of the rights judges of su- 
of every individual, his life, liberty, property, and charac- P ou?t? judlcial 
ter, that there be an impartial interpretation of the laws, fer^S. 
and administration of justice. It is the right of every J^niS* 
citizen to be tried by judges as free, impartial, and inde- 105 Mass. 219, 
pendent as the lot of humanity will admit. It is, therefore, TeAure'of tbeir 
not only the best policy, but for the security of the rights ° 

of the people, and of every citizen, that the judges of the 
supreme judicial court should hold their offices as long as 
they behave themselves well ; and that they should have 
honorable salaries ascertained and established by standing Salaries. 
laws. 

XXX. In the government of this commonwealth, the separation of 
legislative department shall never exercise the executive cfa^anTieSa. 1 " 
and judicial powers, or either of them : the executive shall ments? epart " 
never exercise the legislative and judicial powers, or either f Alien Si'. 
of them : the "judicial shall never exercise the legislative L AUen^-tj p. 

. . 1 (. & t . 1°0 Mass. 282, 

and executive powers, or either 01 them : to the end it 286. 

, x i? l i j_ <* 114 Mass. 247, 

may be a government 01 laws and not 01 men. 249. 

116 Mass. 317. 129 Mass. 559. 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PART THE SECOND. 

The Frame of Government. 

The people, inhabiting the territory formerly called the 
Province of Massachusetts Bay, do hereby solemnly and 
mutually agree with each other, to form themselves into a 
free, sovereign, and independent body politic, or state, by 
the name of The Commonwealth of Massachusetts. 



CHAPTER I 



Legislative 
department. 



For change of 
time, etc., see 
amendments, 
Art.X. 



Governor's 

veto. 

99 Mass. 636. 



Bill may be 
passed by two- 
thirds of each 
house, notwith- 
standing. 



THE LEGISLATIVE POWER. 

Section I. 
The General Court. 

Article I. The department of legislation shall be 
formed by two branches, a Senate and House of Represent- 
atives ; each of which shall have a negative on the other. 

The legislative body shall assemble every year [on the 
last Wednesday in May, and at such other times as they 
shall judge necessary ; and shall dissolve and be dissolved 
on the day next preceding the said last Wednesday in 
May ;] and shall be styled, The General Court of 
Massachusetts . 

II. No bill or resolve of the senate or house of repre- 
sentatives shall become a law, and have force as such, until 
it shall have been laid before the governor for his revisal ; 
and if he, upon such revision, approve thereof, he shall 
signify his approbation by signing the same. But if he 
have any objection to the passing of such bill or resolve, he 
shall return the same, together with his objections thereto, 
in writing, to the senate or house of representatives, in 
whichsoever the same shall have originated ; who shall 
enter the objections sent down by the governor, at large, 
on their records, and proceed to reconsider the said bill or 
resolve. But if after such reconsideration, two-thirds of 
the said senate or house of representatives, shall, notwith- 
standing the said objections, agree to pass the same, it 
shall, together with the objections, be sent to the other 
branch of the legislature, where it shall also be reconsid- 
ered, and if approved by two-thirds of the members pres- 
ent, shall have the force of a law : but in all such cases, 



COMMONWEALTH OF MASSACHUSETTS. 11 

the votes of both houses shall be determined by yeas and 
nays ; and the names of the persons voting for, or against, 
the said bill or resolve, shall be entered upon the public 
records of the commonwealth. 

And in order to prevent unnecessary delays, if any bill in case of ad- 
or resolve shall not be returned by the governor within tSj™Serai° 
five days after it shall have been presented, the same shall SefivedajS, 
have the force of a law. 3 Mass. 567. mln^Art.i. 

III. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and judicatories^* 6 
courts of record, or other courts, to be held in the name J2* 8 t ° p f rec " 
of the commonwealth, for the hearing, trying, and deter- l®<£l'\ i7 
mining of all manner of crimes, offences, pleas, processes, 154. 
plaints, actions, matters, causes, and things, whatsoever, 

arising or happening within the commonwealth, or between 
or concerning persons inhabiting, or residing, or brought 
within the same : whether the same be criminal or civil, 
or whether the said crimes be capital or not capital, and 
whether the said pleas be real, personal, or mixed ; and 
for the awarding and making out of execution thereupon. 
To which courts and judicatories are hereby given and Courts, etc., 

t . J & may administer 

granted full power and authority, from tune to time, to oaths. 
administer oaths or affirmations, for the better discovery 
of truth in any matter in controversy or depending before 
them. 

IV. And further, full power and authority are hereby General court 
given and granted to the said general court, from time to etc? ei 
time totmake, ordain, and establish, all manner of whole- 4 Alien, 473. 
some and reasonable orders, laws, statutes, and ordinances, Hj^ 1 ™' 22a ' 
directions and instructions, either with penalties or with- 100 Mass. 544, 
out; so as the same be not repugnant or contrary to this JJ6 Mass. 467, 
constitution, as they shall judge to be for the good and ma y enact 
welfare of this commonwealth, and for the government iejugnant to * 
and ordering thereof, and of the subjects of the same, and ^j^ 8 ^* 1011 - 
for the necessary support and defence of the government 
thereof: and to name and settle annually, or provide by may provide 
fixed laws for the naming and settling, all civil officers orVppotatment 
within the said commonwealth, the election and consti- n 5 °Ma e ™602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several th £? a ^ t re e 8 8 cribe 
duties, powers, and limits, of the several civil and military 

officers of this commonwealth, and the forms of such 
oaths or affirmations as shall be respectively administered 
unto them for the execution of their several offices and 
places, so as the same be not repugnant or contrary to 



12 CONSTITUTION OF THE 



General court 
may impose 



this constitution ; and to I impose and levy proportional 
taxes, etc an( j reasonable assessments, rates, and taxes, upon all the 

12 Mass. 252. . , ' x , 

5 Alien, 428. inhabitants of, and persons resident, and estates lying, 
s Aiiln,' 247,^253. within the said commonwealth; and also to impose and 
n Alien,' I??.' levy reasonable duties and excises upon any produce, 
235 A 23 e 8 n '2 7 4o 223 ' goods, wares, merchandise, and commodities, whatsoever, 
298,300,312, brought into, produced, manufactured, or being within 
98 Mass. 19. _ the same ;}to be issued and disposed of by warrant, under 
101 Mass! 575', the hand of the governor of this commonwealth for the 
103'Mass. 267. time being, with the advice and consent of the council, 
114 Mass. 388, £ Qr ^ e p^]^ serv i ce? | n the necessary defence and sup- 
ii8 Mass" 386' port of the government of the said commonwealth, and 
123 Mass 493 ^ e protection and preservation of the subjects thereof, 
495. according to such acts as are or shall be in force within 

127 Mass. 413. , & 

may impose uie Same . 

Ssposed'o/for 6 And while the public charges of government, or any 
tio f n Q etc' protec " part thereof, shall be assessed on polls and estates, in the 
8 Alien, 247, 256. manner that has hitherto been practised, in order that 
SatefoSc^in such assessments may be made with equality, there shall 
htastfwhiie^etc. ^ e a valuation of estates within the commonwealth, taken 
i26 1 Mass 24 547 anew once in every ten years at least, and as much oftener 
as the general court shall order. 

For the authority of the general court to charter cities, see amendments, Art. II. 



CHAPTER I. 

Section II. 

Senate. 

of°aidby amber Article I. [There shall be annually elected, by the 
whom elected, freeholders and other inhabitants of this commonwealth, 

Superseded by . .,. ... • i i r> 

amendments, qualified as in this constitution is provided, forty persons 
which was also to be councillors and senators for the year ensuing their 
an?e e ndm d e e nts b , y election ; to be chosen by the inhabitants of the districts 
Art. xxn. mto w hj ca the commonwealth may, from time to time, be 
divided by the general court for that purpose : and the 
general court, in assigning the numbers to be elected by 
the respective districts, shall govern themselves bj^the pro- 
portion of the public taxes paid by the said districts ; and 
For provision as timelv make known to the inhabitants of the common- 

to councillors, «j in.. -ii i n 

see amend- wealth the limits ot each district, and the number ot coun- 

xvi. 8 ' cillors and senators to be chosen therein ; provided, that 

the number of such districts shall never be less than thir- 



COMMONWEALTH OF MASSACHUSETTS. 13 

teen ; and that no district be so large as to entitle the 
same to choose more than six senators. 

And the several counties in this commonwealth shall, JStrictV unS? 
until the general court shall determine it necessary to etc - 
alter the said districts, be districts for the choice of coun- 
cillors and senators, (except that the counties of Dukes 
County and Nantucket shall form one district for that pur- 
pose) and shall elect the following number for councillors 
and senators, viz. : — Suffolk, six ; Essex, six ; Middlesex, 
five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one; Worcester, five : Cumberland, one; Lincoln, one; 
Berkshire, two.] 

H. The senate shall be the first branch of the legislat- Manner and 

o time or choosing 

ure ; and the senators shall be chosen in the following man- senators and^ 
ner, viz. : there shall be a meeting on the [first Monday in amendments^ 
April,] annually, forever, of the inhabitants of each town xv!' A* s an 
in the several counties of this commonwealth ; to be called amendment, 
by the selectmen, and warned in due course of law, at p£^So ns as to 
least seven days before the r first Monday in April,] for qualifications of 

jj L- " 1 voters, super- 

the purpose of electing persons to be senators and coun- sededbyamend- 
cillors ; [and at such meetings every male inhabitant of in., xx., 
twenty-one years of age and upwards, having a freehold xxx.,xxxi. 
estate within the commonwealth, of the annual income of woJ^S£m- 
three pounds, or any estate of the value of sixty pounds, g^^f^d 
shall have a right to give in his vote for the senators for ments, Art. 
the district of which he is an inhabitant.] And to remove was annulled by 
all doubts concerning the meaning of the word ' ' inhabi- 12 dray, 21.' 
tant " in this constitution, every person shall be considered 59? Ma88, ° 95 ' 
as an inhabitant, for the purpose of electing and being 
elected into any office, or place within this state, in that 
town, district, or plantation where he dwelleth, or hath 
his home. 

The selectmen of the several towns shall preside at selectmen to 

t . . . in iin t c preside at town 

such meetings impartially ; and shall receive the votes 01 meetings. 
all the inhabitants of such towns present and qualified 
to vote for senators, and shall sort and count them in 
open town meeting, and in presence of the town clerk, Return of votes. 
who shall make a fair record, in presence of the select- 
men, and in open town meeting, of the name of every 
person voted for, and of the number of votes against his 
name : and a fair copy of this record shall be attested by As to cities, see 
the selectmen and the town clerk, and shall be sealed up, Art. n. 
directed to the secretary of the commonwealth for the 
time being, with a superscription, expressing the purport 



14 



CONSTITUTION OF THE 



Time changed 
to first Wednes- 
day of January. 
See amend- 
ments, Art. X. 



Inhabitants of 
unincorporated 
plantations, 
who pay state 
taxes, may vote. 



Plantation 
meetings. 
Time of elec- 
tion changed by 
amendments, 
Art. XV. 
Assessors to 
notify, etc. 



Governor and 
council to ex- 
amine and count 
votes, and issue 
summonses. 
Time changed 
to first Wednes- 
day in January 
by amendments , 
Art. X. 
Majority 
changed to 
plurality by 
amendments, 
Art. XTV. 



Senate to be 
final judge of 
elections, etc., 



of the contents thereof, and delivered by the town clerk 
of such towns, to the sheriff of the county in which such 
town lies, thirty days at least before [the last Wednes- 
day in May] annually ; or it shall be delivered into the 
secretary's office seventeen days at least before the said 
[last Wednesday in May :] and the sheriff of each county 
shall deliver all such certificates by him received, into 
the secretary's office, seventeen days before the said [last 
Wednesday in May.] 

And the inhabitants of plantations unincorporated, 
qualified as this constitution provides, who are or shall 
be empowered and required to assess taxes upon them- 
selves toward the support of government, shall have 
the same privilege of voting for councillors and senators 
in the plantations where they reside, as town inhabitants 
have in their respective towns ; and the plantation meet- 
ings for that purpose shall be held annually [on the same 
first Monday in April] , at such place in the plantations, 
respectively, as the assessors thereof shall direct ; which 
assessors shall have like authority for notifying the elec- 
tors, collecting and returning the votes, as the selectmen 
and town clerks have in their several towns, by this con- 
stitution. And all other persons living in places unincor- 
porated (qualified as aforesaid) who shall be assessed to 
the support of government by the assessors of an adjacent 
town, shall have the privilege of giving in their votes for 
councillors and senators in the town where they shall be 
assessed, and be notified of the place of meeting by the 
selectmen of the town where they shall be assessed, for 
that purpose, accordingly. 

III. And that there may be a due convention of sena- 
tors on the [last Wednesday in May] annually, the gov- 
ernor with five of the council, for the time being, shall, 
as soon as may be, examine the returned copies of such 
records ; and fourteen days before the said daj^ he shall 
issue his summons to such persons as shall appear to be 
chosen by [a majority of] voters, to attend on that day, 
and take their seats accordingly : provided, nevertheless, 
that for the first year the said returned copies shall be 
examined by the president and five of the council of the 
former constitution of government ; and the said president 
shall, in like manner, issue his summons to the persons 
so elected, that they may take their seats as aforesaid. 

IY. The senate shall be the final judge of the elec- 
tions, returns and qualifications of their own members, as 



COMMONWEALTH OF MASSACHUSETTS. 15 

pointed out in the constitution; and shall, [on the said £^ 8 0WB mem - 
last Wednesday in May] annually, determine and declare ^ e J^§^ d 
who are elected by each district to be senators [by a day of January 
majority of votes; and in case there shall not appear to menS, e Art.x. 
be the full number of senators returned elected by a changed to 
majority of yotes for any district, the deficiency shall be JmeSdmento, 
supplied in the following manner, viz. : The members of Art.xiv. 
the house of representatives, and such senators as shall 
be declared elected, shall take the names of such persons 
as shall be found to have the highest number of votes 
in such district, and not elected, amounting to twice the 
number of senators wanting, if there be so many voted 
for ; and out of these shall elect by ballot a number of ^| ncieB « how 
senators sufficient to fill up the vacancies in such district; changed to 
and in this manner all such vacancies shall be filled up in people? 3 
every district of the commonwealth ; and in like manner ments^Art. 
all vacancies in the senate, arising by death, removal out XXIV - 
of the state, or otherwise, shall be supplied as soon as may 
be, after such vacancies shall happen.] 

V. Provided, nevertheless, that no person shall be Qualifications 
capable of being elected as a senator, [who is not seised Property quaii- 
in his own right of a freehold, within this commonwealth, f 8 £ nal)o1 ' 
of the value of three hundred pounds at least, or possessed ^c^Art 
of personal estate to the value of six hundred pounds at ™l ' t 

-i /»ii i c -i-ii - For further P™- 

ieast, or of both to the amount of the same sum, and] who vision as to 
has not been an inhabitant of this commonwealth for the also amend- 
space of five years immediately preceding his election, and, xxn.' Art ' 
at the time of his election, he shall be an inhabitant in the 
district for which he shall be chosen. 

VI. The senate shall have power to adjourn themselves , senate not to 
provided such adjournments do not exceed two days at a thlnTwo'dayl?. 
time . 

VII. The senate shall choose its own president, ap- shall choose. 

. r n its officers and 

point its own officers, and determine its own rules of establish its 

1 -, . rules. 

proceedings. 

Vin. The senate shall be a court with full authority . shaiitryaii 
to hear and determine all impeachments made by the 
house of representatives, against any officer or officers 
of the commonwealth, for misconduct and mal-administra- 
tion in their offices. But previous to the trial of every 
impeachment the members of the senate shall respectively 
be sworn, truly and impartially to try and determine the Oath. 
charge in question, according to evidence. Their judg- Limitation of 
Hient, however, shall not extend further than to removal 
from office and disqualification to hold or enjoy any place 



16 



CONSTITUTION OF THE 



Quorum. See 
amendments, 
Arts. XXII. 
and XXXIII. 



of honor, trust, or profit, under this commonwealth ; but 
the party so convicted shall be, nevertheless, liable to 
indictment, trial, judgment, and punishment, according to 
the laws of the land. 

IX. [Not less than sixteen members of the senate 
shall constitute a quorum for doing business.] 



CHAPTER I. 



Representation 
of the people. 



Representa- 
tives, by whom 
chosen. 

Superseded by 
amendments, 
Arts. XII. and 
XIII., which 
were also 
superseded by 
amendments, 
Art. XXI. 
7 Mass. 523. 



Proviso a6 to 
towns having 
less than 150 
ratable polls. 



Towns liable to 
fine in case, etc. 



Expenses of 
travelling to 
and from the 
general court, 
how paid. 
Annulled by 
Art. XXXV. 



Qualifications 
of a repre- 
sentative. 



Section in. 

House of Representatives. 

Article I. There shall be, in the legislature of this 
commonwealth, a representation of the people, annually 
elected, and founded upon the principle of equality. 

II. [And in order to provide for a representation of 
the citizens of this commonwealth, founded upon the prin- 
ciple of equality, every corporate town containing one 
hundred and fifty ratable polls may elect one represent- 
ative ; every corporate town containing three hundred 
and seventy-five ratable polls may elect two representa- 
tives ; every corporate town containing six hundred ratable 
polls may elect three representatives ; and proceeding in 
that manner, making two hundred and twenty-five ratable 
polls the mean increasing number for every additional 
representative. 

Provided, nevertheless, that each town now incorporated, 
not having one hundred and fifty ratable polls, may elect 
one representative ; but no place shall hereafter be incor- 
porated with the privilege of electing a representative, 
unless there are within the same one hundred and fifty 
ratable polls.] 

And the house of representatives shall have power from 
time to time to impose fines upon such towns as shall 
neglect to choose and return members to the same, agree- 
ably to this constitution. 

[The expenses of travelling to the general assembly, and' 
returning home, once in every session, and no more, shall 
be paid by the government, out of the public treasury, to 
every member who shall attend as seasonably as he can , in 
the judgment of the house, and does not depart without 
leave.] 

in. Every member of the house of representatives 
shall be chosen by written votes ; [and, for one year at 



COMMONWEALTH OF MASSACHUSETTS. 17 

least next precedin g his election , shall have been an inhab- New provision 

.,,/.-,! ? j . i . • i . /» /» as to residence. 

itant oi, and have been seised m his own right oi a tree- seeamend- 
hold of the value of one hundred pounds within the town xxi. s,Art ' 
he shall be chosen to represent, or any ratable estate to IcaSonTaTo^' 
the value of two hundred pounds ; and he shall cease to ished by amend- 

- T \ i. • ments, Art. 

represent the said town immediately on his ceasing to be xin. 
qualified as aforesaid.] 

IV. TEverv male person, being twenty-one years of Qualifications 

-I -j j. ■ J i x • ■*.!• of a voter. 

age, and resident m any particular town in this common- These pro- 
wealth for the space of one year next preceding, having a leded b y uper ~ 
freehold estate within the said town of the annual income aTuljt,, 
of three pounds, or any estate of the value of sixty pounds, xxxPxxxi 
shall have a right to vote in the choice of a representative and xxxn. 

P x See also amend- 

or representatives lor the said town.] ments, Art. 

V. [The members of the house of representatives shall was annuTiedby 
be chosen annually in the month of May, ten days at least r^J^*' 
before the last Wednesday of that month.] tives,when 

J J chosen. 

Time of election changed by amendments, Art. X., and changed again by amendments, 

Art. XV. 

VI. The house of representatives shall be the grand House aione 

ni in« -i can impeach. 

inquest of this commonwealth ; and all impeachments 
made by them shall be heard and tried by the senate. 

VII. All money bills shall originate in the house of House to origi- 

... , J . . , . ° nate all money 

representatives ; but the senate may propose or concur Mils. 
with amendments, as on other bills. 

VIII. The house of representatives shall have power Not to adjourn 
to adjourn themselves ; provided such adjournment shall ™° y r s e than two 
not exceed two daj T s at a time. 

IX. [Not less than sixty members of the house of Quorum, see 

L . . J . . amendments, 

representatives shall constitute a quorum lor doing busi- Arts. xxi. and 
r -, ^ b XXXIII. 

ness.J . , 

X. The house of representatives shall be the nudge of To judge of 

, . L . ^ o returns, etc., of 

the returns, elections, and qualincations ot its own mem- its own mem- 
bers, as pointed out in the constitution ; shall choose their its officers and 
own speaker; appoint their own officers, and settle the rules^etc!* 8 
rules and orders of proceeding in their own house. They May punish 
shall have authority to punish by imprisonment every ff en ert£ 
person, not a member, who shall be guilty of disrespect 14Gra y 
to the house, by any disorderly or contemptuous behavior 
in its presence; or who, in the town where the general 
court is sitting, and during the time of its sitting, shall 
threaten harm to the body or estate of any of its members, 
for any thing said or done in the house ; or who shall 
assault any of them therefor ; or who shall assault, or 
arrest, any witness, or other person, ordered to attend the 



ces. 

226. 



18 



CONSTITUTION OF THE 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punish. 

General limita- 
tion. 
14 Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



house, in his way in going or returning; or who shall 
rescue any person arrested by the order of the house. 

And no member of the house of representatives shall 
be arrested, or held to bail on mesne process, during his 
going unto, returning from, or his attending the general 
assembly. 

XL The senate shall have the same powers in the like 
cases ; and the governor and council shall have the same 
authority to punish in like cases : provided, that no impris- 
onment on the warrant or order of the governor, council, 
senate, or house of representatives, for either of the above 
described offences, be for a term exceeding thirty days. 

And the senate and house of representatives may try 
and determine all cases where their rights and privileges 
are concerned, and which, by the constitution, they have 
authority to try and determine, by committees of their own 
members, or in such other way as they may respectively 
think best. 



CHAPTER II. 



Governor. 



His title. 

To be chosen 
annually. 
Qualifications. 
See amend- 
ments, Arts. 
VII. and 

xxxrv. 



By whom 
chosen, if he 
have a majority 
of votes. 

Time of elec- 
tion changed by 
amendments, 
Art. X., and 
changed again 
by amend- 
ments, Art. XV. 



EXECUTIVE POWER. 

Section I. 

Governor. 

Article I. There shall be a supreme executive mag- 
istrate, who shall be styled — The Governor of the 
Commonwealth oe Massachusetts ; and whose title 
shall be — His Excellency. 

II. The governor shall be chosen annually ; and no 
person shall be eligible to this office, unless, at the time of 
his election, he shall have been an inhabitant of this com- 
monwealth for seven years next preceding ; [and unless he 
shall at the same time be seised, in his own right, of a 
freehold, within the commonwealth, of the value of one 
thousand pounds ;] [and unless he shall declare himself to 
be of the Christian religion.] 

III. Those persons who shall be qualified to vote for 
senators and representatives within the several towns of 
this commonwealth shall, at a meeting to be called for 
that purpose, on the [first Monday of April] annually, 
give in their votes for a governor, to the selectmen, who 
shall preside at such meetings ; and the town clerk, in the 
presence and with the assistance of the selectmen, shall, 
in open town meeting, sort and count the votes, and form 



COMMONWEALTH OF MASSACHUSETTS. 19 

a list of the persons voted for, with the number of votes 

for each person against his name ; and shall make a fair 

record of the same in the town books, and a public deck- Ae to cities, see 

ration thereof in the said meeting ; and shall, in the pres- Art n ii men 8 ' 

ence of the inhabitants, seal up copies of the said list, 

attested by him and the selectmen, and transmit the same 

to the sheriff of the county, thirty days at least before the 

[last Wednesday in May] ; and the sheriff shall transmit ^first wednee 

the same to the secretary's office, seventeen days at least day of January 

fov 3.tD6nd- 

before the said [last Wednesday in May] ; or the select- ments, Art. x. 
men may cause returns of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
days at least before the said day ; and the secretary shall 
lay the same before the senate and the house of repre- 
sentatives on the [last Wednesday in May] , to be by them changed to 
examined ; and in case of an election by a [majority] of all LSdments, 
the votes returned, the choice shall be by them declared Art - XIV - 
and published ; but if no person shall have a [majority] of when°no perBon 
votes, the house of representatives shall, by ballot, elect haB a P luralit y- 
two out of four persons who had the highest number of 
votes, if so many shall have been voted for ; but, if other- 
wise, out of the number voted for ; and make return to 
the senate of the two persons so elected ; on which the 
senate shall proceed, by ballot, to elect one, who shall be 
declared governor. 

IV. The governor shall have authority, from time to Power of gov. 
time, at his discretion, to assemble and call together the governor and 
councillors of this commonwealth for the time being ; and council - 
the governor with the said councillors, or five of them at 

least, shall, and may, from time to time, hold and keep a 
council, for the ordering and directing the affairs of the 
commonwealth, agreeably to the constitution and the laws 
of the land. 

V. The governor, with advice of council, shall have May adjourn or 
full power and authority, during the session of the gen- generfFcourt 
eral court, to adjourn or prorogue the same to any time ^convene*' 
the two houses shall desire ; [and to dissolve the same on A?to a die'soiu- 
the day next preceding the last Wednesday in May ; and, Jj^g 6 ^ x d " 
in the recess of the said court, to prorogue the same from 

time to time, not exceeding ninety days in any one recess ;] 
and to call it together sooner than the time to which it 
may be adjourned or prorogued, if the welfare of the com- 
monwealth shall require the same ; and in case of any 
infectious distemper prevailing in the place where the said 
court is next at any time to convene, or any other cause 



20 



CONSTITUTION OF THE 



As to dissolu- 
tion, see amend- 
ments, Art. X. 

Governor and 
council may 
adjourn the gen- 
eral court in 
cases, etc., but 
not exceeding 
ninety days. 



Q-overnor to be 
commander-in- 
chief. 



Limitation. 



happening, whereby danger may arise to the health or 
lives of the members from their attendance, he may direct 
the session to be held at some other, the most convenient 
place within the state. 

[And the governor shall dissolve the said general court 
on the day next preceding the last Wednesday in May.] 

VI. In cases of disagreement between the two houses, 
with regard to the necessity, expediency, or time of ad- 
journment or prorogation, the governor, with advice of 
the council, shall have a right to adjourn or prorogue 
the general court, not exceeding ninety days, as he shall 
determine the public good shall require. 

VII. The governor of this commonwealth, for the time 
being, shall be the commander-in-chief of the army and 
navy, and of all the military forces of the state, by sea 
and land ; and shall have full power, by himself, or by 
any commander, or other officer or officers, from time to 
time, to train, instruct, exercise, and govern the militia 
and navy ; and, for the special defence and safety of the 
commonwealth, to assemble in martial array, and put in 
warlike posture, the inhabitants thereof, and to lead and 
conduct them, and with them to encounter, repel, resist, 
expel, and pursue, by force of arms, as well by sea as by 
land, within or without the limits of this commonwealth, 
and also to kill, slay, and destroy, if necessary, and con- 
quer, by all fitting ways, enterprises, and means 'whatso- 
ever, all and every such person and persons as shall, at 
any time hereafter, in a hostile manner, attempt or enter- 
prise the destruction, invasion, detriment, or annoyance 
of this commonwealth ; and to use and exercise, over the 
army and navy, and over the militia in actual service, the 
law-martial, in time of war or invasion, and also in time 
of rebellion, declared by the legislature to exist, as occa- 
sion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such 
person or persons, with their ships, arms, ammunition, 
and other goods, as shall, in a hostile manner, invade, or 
attempt the invading, conquering, or annoying this com- 
monwealth ; and that the governor be intrusted with all 
these and other powers, incident to the offices of cap- 
tain-general and commander-in-chief, and admiral, to be 
exercised agreeably to the rules and regulations of the con- 
stitution, and the laws of the land, and not otherwise. 

Provided, that the said governor shall not, at any time 
hereafter, by virtue of any power by this constitution 



COMMONWEALTH OF MASSACHUSETTS. 21 

granted, or hereafter to be granted to him by the legis- 
lature, transport any of the inhabitants of this common- 
wealth, or oblige them to march out of the limits of the 
same, without their free and voluntary consent, or the con- 
sent of the general court ; except so far as may be neces- 
sary to march or transport them by land or water, for the 
defence of such part of the state to which they cannot 
otherwise conveniently have access. 

VIII. The power of pardoning offences, except such Governor and 

^^ council m&v 

as persons may be convicted of before the senate by an pardon offences, 
impeachment of the house, shall be in the governor, by except » etc - 
and with the advice of council ; but no charter of par- 
don, granted by the governor, with advice of the council 
before conviction, shall avail the party pleading the same, But not before 
notwithstanding any general or particular expressions 109 Mass. 323. 
contained therein, descriptive of the offence or offences 
intended to be pardoned. 

IX. All judicial officers, [the attorney-general,] the judicial offi- 
solicitor-general, [all sheriffs,] coroners, [and registers of nominated^ 
probate,] shall be nominated and appointed by the gov- ^p^ovisions 
ernor, by and with the advice and consent of the council ; of Attorney- 11 
and every such nomination shall be made by the governor, general, eee 
and made at least seven days prior to such appointment. Art. xvn. ' 

For provision as to election of sheriffs, registers of probate, etc., see amendments, 
Art. XIX. For provision as to appointment of notaries public, see amendments, 
Art. IV. 

X. The captains and subalterns of the militia shall be Mmtia officers, 
elected by the written votes of the train-band and alarm Limitation of 
list of their respective companies, [of twenty-one years bfYmen?- ° ut 
of age and upwards ;] the field officers of regiments shall m ents, Art.v. 
be elected by the written votes of the captains and subal- 
terns of their respective regiments ; the brigadiers shall be 
elected, in like manner, by the field officers of their respec- 
tive brigades ; and such officers, so elected, shall be com- Howcommis- 
missioned by the governor, who shall determine their rank. eione ' 

The legislature shall, by standing laws, direct the time Election of 
and manner of convening the electors, and of collect- ° 
ing votes, and of certifying to the governor, the officers 
elected. 

The major-generals shall be appointed bv the senate and Major-generals, 

n . ii« ■ i how appointed 

house of representatives, each having a negative upon the andcommis- 
other ; and be commissioned by the governor. 

For provisions as to appointment of a commissary-general, see amendments, Art. IV. 

And if the electors of brigadiers, field officers, captains vacancies, how 
or subalterns, shall neglect or refuse to make such elec- etc. ' 



22 



CONSTITUTION OF THE 



Officers duly 
commissioned, 
how removed. 
Superseded by 
amendments, 
Art. IV. . 



Adjutants, etc. 
how appointed. 



Army officers, 
how appointed. 



tions, after being duly notified, according to the laws for 
the time being, then the governor, with advice of council, 
shall appoint suitable persons to fill such offices. 

[And no officer, duly commissioned to command in the 
militia, shall be removed from his office, but by the address 
of both houses to the governor, or by fair trial in court- 
martial, pursuant to the laws of the commonwealth for the 
time being.] 

The commanding officers of regiments shall appoint 
their adjutants and quartermasters ; the brigadiers their 
brigade-majors ; and the major-generals their aids ; and 
the governor shall appoint the adjutant-general. 

The governor, with advice of council, shall appoint all 
officers of the continental army, whom by the confedera- 
tion of the United States it is provided that this common- 
wealth shall appoint, as also all officers of forts and 



Organization of 
militia. 



Money, how 
drawn from the 
treasury, 
except, etc. 
13 Allen, 593. 



All public 
boards, etc., to 
make quarterly 
returns. 



The divisions of the militia into brigades, regiments, and 
companies, made in pursuance of the militia laws now in 
force, shall be considered as the proper divisions of the 
militia of this commonwealth, until the same shall be 
altered in pursuance of some future law. 

XL No moneys shall be issued out of the treasury of 
this commonwealth, and disposed of (except such sums as 
may be appropriated for the redemption of bills of credit 
or treasurer's notes, or for the payment of interest arising 
thereon) but by warrant under, the hand of the governor 
for the time being, with the advice and consent of the 
council, for the necessary defence and support of the com- 
monwealth ; and for the protection and preservation of 
the inhabitants thereof, agreeably to the acts and resolves 
of the general court. 

XII. All public boards, the commissary-general, all 
superintending officers of public magazines and stores, 
belonging to this commonwealth, and all commanding 
officers of forts and garrisons within the same, shall once 
in every three months, officially, and without requisition, 
and at other times, when required by the governor, deliver 
to him an account of all goods, stores, provisions, ammu- 
nition, cannon with their appendages, and small arms 
with their accoutrements, and of all other public property 
whatever under their care respectively ; distinguishing the 
quantity, number, quality and kind of each, as particu- 
larly as may be ; together with the condition of such forts 
and garrisons ; and the said commanding officer shall 



COMMONWEALTH OF MASSACHUSETTS. 23 

exhibit to the governor, when required by him, true and 
exact plans of such forts, and of the land and sea or har- 
bor or harbors, adjacent. 

And the said boards, and all public officers, shall com- 
municate to the governor, as soon as may be after receiv- 
ing the same, all letters, despatches, and intelligences of a 
public nature, which shall be directed to them respectively. 

XIII. As the public good requires that the governor salary of 
should not be under the undue influence of any of the s° vernor - 
members of the general court by a dependence on them 
for his support, that he should in all cases act with free- 
dom for the benefit of the public, that he should not have 
his attention necessarily diverted from that object to his 
private concerns, and that he should maintain the dignity 
of the commonwealth in the character of its chief magis- 
trate, it is necessary that he should have an honorable 
stated salary, of a fixed and permanent value, amply suffi- 
cient for those purposes, and established by standing laws : 
and it shall be among the first acts of the general court, 
after the commencement of this constitution, to establish 
such salary by law accordingly. 

Permanent and honorable salaries shall also be estab- Salaries of jus- 
lished by law for the justices of the supreme judicial court. jSiaiTourT 16 

And if it shall be found that any of the salaries afore- Salaries to be 
said, so established, are insufficient, they shall, from time Sufficient. 
to time, be enlarged, as the general court shall judge 
proper. 



CHAPTER II. 

Section II. 

Lieutenant- Governor. 

Article I. There shall be annually elected a lieu- Lieutenant- 
tenant-governor of the commonwealth of Massachusetts, SSSdquail- 
whose title shall be — His Honor; and who shall be ame^dmenSt 6 
qualified, in point of [religion,] [property,] and residence ^xty- 1 ' and 
in the commonwealth, in the same manner with the gov- 
ernor ; and the day and manner of his election, and the 
qualifications of the electors, shall be the same as are re- 
quired in the election of a governor. The return of the how chosen. 
votes for this officer, and the declaration of his election, 
shall be in the same manner ; [and if no one person shall ^ r c J?J ^ . 
be found to have a maioritv of all the votes returned, the videdforby 

„ Y -i i in t* amendments;, 

vacancy shall be tilled by the senate and house of repre- Art. xiv. 



24 



CONSTITUTION OF THE 



President of 
council. 
Lieutenant- 
governor a 
member of, 
except, etc. 



Lieutenant- 
governor to be 
acting governor j 
in case, etc. 



sentatives, in the same manner as the governor is to be 
elected, in case no one person shall have a majority of the 
votes of the people to be governor.] 

II. The governor, and in his absence the lieutenant- 
governor, shall be president of the council, but shall have 
no vote in council ; and the lieutenant-governor shall 
always be a member of the council, except when the chair 
of the governor shall be vacant. 

III. Whenever the chair of the governor shall be 
vacant, by reason of his death, or absence from the com- 
monwealth, or otherwise, the lieutenant-governor, for the 
time being, shall, during such vacancy, perform all the 
duties incumbent upon the governor, and shall have and 
exercise all the powers and authorities, which by this con- 
stitution the governor is vested with, when personally 
present. 



CHAPTEK II. 



Council. 
Number of 
councillors 
changed to 
eight. 
See amend- 
ments, Art. 
XVI. 



Number; from 
whom, and how 
chosen. 
Modified by 
amendments, 
Arts. X. and 
XIII. 

Superseded by 
amendments, 
Art. XVI. 



If senators be- 
come council- 
lors, their seats 
to be vacated. 



Section III. 

Council, and the Manner of settling Elections by the Legis- 
lature. 

Article I. There shall be a council for advising the 
governor in the executive part of the government, to con- 
sist of [nine] persons besides the lieutenant-governor, 
whom the governor, for the time being, shall have full 
power and authority, from time to time, at his discretion, 
to assemble and call together ; and the governor, with the 
said councillors, or five of them at least, shall and may, 
from time to time, hold and keep a council, for the order- 
ing and directing the affairs of the commonwealth, accord- 
ing to the laws of the land. 

II. [Nine councillors shall be annually chosen from 
among the persons returned for councillors and senators, 
on the last Wednesday in May, by the joint ballot of 
the senators and representatives assembled in one room ; 
and in case there shall not be found upon the first choice, 
the whole number of nine persons who will accept a seat 
in the council, the deficiency shall be made up by the 
electors aforesaid from among the people at large ; and 
the number of senators left shall constitute the senate 
for the year. The seats of the persons thus elected from 
the senate, and accepting the trust, shall be vacated in the 
senate.] 



COMMONWEALTH OF MASSACHUSETTS. 25 

III. The councillors, in the civil arrangements of the Rank of 
commonwealth, shall have rank next after the lieutenant- 
governor. 

IV. ("Not more than two councillors shall be chosen No district to 

, /» L -i . ■ . . /. , ■• . lxin have more than 

out oi any one district ot this common wealth. J two. 

Superseded hy amendments, Art. XVI. 

V. The resolutions and advice of the council shall be Register of 
recorded in a register, and signed by the members present ; cc 

and this record may be called for at any time by either 
house of the legislature ; and any member of the council 
may insert his opinion, contrary to the resolution of the 
majority. 

VI. Whenever the office of the governor and lieuten- council to exer- 
ant-governor shall be vacant, by reason of death, absence, ?govemo7in 
or otherwise, then the council, or the major part of them, caBe > etc - 
shall, during such vacancy, have full power and authority 

to do, and execute, all and every such acts, matters, and 
things, as the governor or the lieutenant-governor might 
or could, by virtue of this constitution, do or execute, if 
they, or either of them, were personally present. 

VII. [And whereas the elections appointed to be made, Elections may 
by this constitution, on the last Wednesday in May annu- unti?etc rned 
ally, by the two houses of the legislature, may not be 
completed on that day, the said elections may be adjourned 

from day to day until the same shall be completed. And g^^ded ^' 
the order of elections shall be as follows : the vacancies in amendments, 
the senate, if any, shall first be filled up ; the governor xxv. 
and lieutenant-governor shall then be elected, provided 
there should be no choice of them by the people ; and 
afterwards the two houses shall proceed to the election of 
the council.] 



CHAPTER II. 
Section IV. 

Secretary, Treasurer, Commissary, etc. 

Article I. [The secretary, treasurer and receiver- secretary, etc., 
general, and the commissary-general, notaries public, and] hwcCen. 
naval officers, shall be chosen annually, by joint ballot of ^eSkm^f as 
the senators and representatives in one room. And, that urer e an7re- eaB " 
the citizens of this commonwealth may be assured, from ceiver-generai, 

.*'...,. and auditor and 

time to time, that the moneys remaining in the public attorney-gen- 
treasury, upon the settlement and liquidation of the pub- ments, Art. 



26 



CONSTITUTION OF THE 



Treasurer in- 
eligible for 
more than five 
successive 
years. 



Secretary to 
keep records ; 
to attend the 
governor and 
council, etc. 



lie accounts, are their property, no man shall be eligible 
as treasurer and receiver-general more than five years 
successively. 

For provision as to appointment of notaries public and the commissary-general, see 
amendments, Art. IV. 

II. The records of the commonwealth shall be kept in 
the office of the secretary, who may appoint his deputies, 
for whose conduct he shall be accountable ; and he shall 
attend the governor and council, the senate and house of 
representatives, in person, or by his deputies, as they shall 
respectively require. 



CHAPTEK III 



Tenure of all 
commissioned 
officers to be 
expressed. 
Judicial officers 
to hold office 
during good 
behavior, ex- 
cept, etc. 
But may be 
removed on 
address. 



Justices of su- 
preme judicial 
court to give 
opinions when 
required. 
122 Mass. 600. 
126 Mass. 557, 
561. 

Justices of the 
peace; tenure 
of their office. 
3 Cush. 584. 



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



JUDICIARY POWER. 

Article I. The tenure, that all commission officers 
shall by law have in their offices, shall be expressed in 
their respective commissions. All judicial officers, duly 
appointed, commissioned, and sworn, shall hold their offices 
during good behavior, excepting such concerning whom 
there is different provision made in this constitution : 
provided, nevertheless, the governor, with consent of the 
council, may remove them upon the address of both houses 
of the legislature. 

II. Each branch of the legislature, as well as the gov- 
ernor and council, shall have authority to require the opin- 
ions of the justices of the supreme judicial court, upon 
important questions of law, and upon solemn occasions. 

III. In order that the people may not suffer from the 
long continuance in place of any justice of the peace who 
shall fail of discharging the important duties of his office 
with ability or fidelity, all commissions of justices of the 
peace shall expire and become void, in the term of seven 
years from their respective dates ; and, upon the expira- 
tion of any commission, the same may, if necessary, be 
renewed, or another person appointed, as shall most con- 
duce to the well-being of the commonwealth. 

IV. The judges of probate of wills, and for granting 
letters of administration, shall hold their courts at such 
place or places, on fixed days, as the convenience of the 
people shall require ; and the legislature shall, from time to 
time, hereafter, appoint such times and places ; until which 
appointments, the said courts shall be holden at the times 
and places which the respective judges shall direct. 



COMMONWEALTH OF MASSACHUSETTS. 2' 

V. All causes of marriage, divorce, and alimony, and ^"^Tand 
all appeals from the judges of probate, shall be heard and gj™° ny ; 
determined by the governor and council, until the legis- visions made 

•, . dv law. 

lature shall, by law, make other provision. 105 Mass. 327. 

J L 116 Mass. 317. 



CHAPTER IY. 

DELEGATES TO CONGRESS. 

["The delegates of this commonwealth to the congress of delegates to 

r? in • c t congress. 

the United States, shall, some time 111 the month of June, 
annually, be elected by the joint ballot of the senate and 
house of representatives, assembled together in one room ; 
to serve in congress for one year, to commence on the first 
Monday in November then next ensuing. They shall 
have commissions under the hand of the governor, and 
the great seal of the commonwealth ; but may be recalled 
at any time within the year, and others chosen and com- 
missioned, in the same manner, in their stead.] 



CHAPTER Y. 

THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF 
LITERATURE, ETC. 

Section I. 

The University . ■ 

Article I. Whereas our wise and pious ancestors, so Harvard 
early as the year one thousand six hundred and thirty-six, CoUege - 
laid the foundation of Harvard College, in which univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qualified them for public employments , both in church 
and state ; and whereas the encouragement of arts and 
sciences, and all good literature, tends to the honor of 
God, the advantage of the Christian religion, and the great 
benefit of this and the other United States of America, 
— it is declared, that the President and Fellows of Powers, privi- 
Harvard College, in their corporate capacity, and Ihfpresfdent 
their successors in that capacity, their officers and ser- confirmed? 
vants, shall have, hold, use, exercise, and enjoy, all the 
powers, authorities, rights, liberties, privileges, immuni- 
ties, and franchises, which they now have, or are entitled 



28 



CONSTITUTION OF THE 



All gifts, 
grants, etc. 
confirmed. 



to have, hold, use, exercise, and enjoy ; and the same are 
hereby ratified and confirmed unto them, the said presi- 
dent and fellows of Harvard College, and to their suc- 
cessors, and to their officers and servants, respectively, 
forever. 

II. And whereas there have been at sundry times, by 
divers persons, gifts, grants, devises of houses, lands, tene- 
ments, goods, chattels, legacies, and conveyances, here- 
tofore made, either to Harvard College in Cambridge, in 
New England, or to the president and fellows of Harvard 
College, or to the said college by some other description, 
under several charters, successively; it is declared, that 
all the said gifts, grants, devises, legacies, and convey- 
ances, are hereby forever confirmed unto the president 
and fellows of Harvard College, and to their successors 
in the) capacity aforesaid, according to the true intent and 
meaning of the donor or donors, grantor or grantors, 
devisor or devisors. 

III. And whereas, by an act of the general court of 
the colony of Massachusetts Bay, passed in the year one 
thousand six hundred and forty-two, the governor and 
deputy-governor, for the time being, and all the magis- 
trates of that jurisdiction, were, with the president, and 
a number of the clergy in the said act described, con- 
stituted the overseers of Harvard College ; and it being 
necessary, in this new constitution of government to 
ascertain who shall be deemed successors to the said gov- 
ernor, deputy-governor, and magistrates ; it is declared, 
that the governor, lieutenant-governor, council, and sen- 
ate of this commonwealth, are, and shall be deemed, their 
successors, who, with the president of Harvard College, 
for the time being, together with the ministers of the con- 
gregational churches in the towns of Cambridge, Water- 
town, Charlestown, Boston, Roxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any 
way appertaining to the overseers of Harvard College ; 

Power of altera- provided, that nothing herein shall be construed to pre- 



Who shall be 
overseers. 

See Statutes, 

1851, 224. 

1852, 27. 
1859, 212. 
1865, 173. 
1880, 65. 



tion reserved to 

the legislature. Vent 



the 



legislature 



of this commonwealth from making 



such alterations in the government of the said university, 
as shall be conducive to its advantage, and the interest 
of the republic of letters, in as full a manner as might 
have been done by the legislature of the late Province of 
the Massachusetts Bay. 



COMMONWEALTH OF MASSACHUSETTS. 29 

CHAPTER V. 
Section n. 

Tlie Encouragement of Literature, etc. 

Wisdom and knowledge, as well as virtue, diffused gen- Dutyofiegtsiat- 
erally among the [body of the people, being necessary for SrateslnaT 
the preservation of their rights and liberties ; and as these SJ?f£rther°pro- 
depend on spreading the opportunities and advantages of ^l^echJois 
education in the various parts of the country, and among see amend- 
the different orders of the people, it shall be the duty xViii. 
of legislatures and magistrates, in all future periods of 503. en '° 
this commonwealth, to cherish the interests of literature 103Mas8 - 94 > 97 - 
and the sciences, and all seminaries of them ; especially 
the university at Cambridge, public schools and grammar 
schools in the towns ; to encourage private societies and 
public institutions, rewards and immunities, for the pro- 
motion of agriculture, arts, sciences, commerce, trades, 
manufactures, and a natural history of the country ; to 
countenance and inculcate the principles of humanity and 
general benevolence, public and private charity, industry 
and frugality, honesty and punctuality in their dealings ; 
sincerity, good humor, and all social affections, and gen- 
erous sentiments, among the people. 



CHAPTER VI. 

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EXCLU- 
SION FROM OFFICES ; PECUNIARY QUALIFICATIONS; COMMIS- 
SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; 
THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVI- 
SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC. 

Article I. [Any person chosen governor, lieutenant- 0athe > etc - 
governor, councillor, senator, or representative, and accept- 
ing the trust, shall, before he proceed to execute the duties 
of his place or office, make and subscribe the following 
declaration, viz. : 

"I, A. B., do declare, that I believe the Christian reli- Abolished. £ 

77 7 . amendmeftts, 

gion, and have a firm persuasion of its truth ; and that I Art. vh. 
am seised and possessed, in my own right, of the property 
required by the constitution, as one qualification for the 
office or place to which I am elected." 

And the governor, lieutenant-governor, and councillors, 
shall make and subscribe the said declaration, in the pres- 



30 



CONSTITUTION OF THE 



Declaration and 
oaths of all 
officers. 



For new oath 
of allegiance, 
see amend- 
ments, Art. VI. 



Oath of office. 



Proviso. See 
amendments, 
Art. VI. 



ence of the two houses of assembly ; and the senators and 
representatives, first elected under this constitution, before 
the president and five of the council of the former consti- 
tution ; and forever afterwards before the governor and 
council for the time being.] 

And every person chosen to either of the places or 
offices aforesaid, as also any person appointed or commis- 
sioned to any judicial, executive, military, or other office 
under the government, shall, before he enters on the dis- 
charge of the business of his place or office, take and sub- 
scribe the following declaration, and oaths or affirmations, 
viz. : 

[" I, A. B., do truly and sincerely acknowledge, profess, 
testify, and declare, that the Commonwealth of Massachu- 
setts is, and of right ought to be, a free, sovereign, and 
independent state ; and I do swear, that I will bear true 
faith and allegiance to the said commonwealth, and that I 
will defend the same against traitorous conspiracies and all 
hostile attempts whatsoever ; and that I do renounce and 
abjure all allegiance, subjection, and obedience to the king, 
queen, or government of Great Britain (as the case may 
be) , and every other foreign power whatsoever ; and that 
no foreign prince, person, prelate, state, or potentate, 
hath, or ought to have, any jurisdiction, superiority, pre- 
eminence, authority, dispensing or other power, in any 
matter, civil, ecclesiastical, or spiritual, within this com- 
monwealth, except the authority and power which is or 
may be vested by their constituents in the congress of the 
United States : and I do further testify and declare, that 
no man or body of men hath or can have any right to 
absolve or discharge me from the obligation of this oath, 
declaration, or affirmation ; and that I do make this ac- 
knowledgment, profession, testimony, declaration, denial, 
renunciation, and abjuration, heartily and truly, according 
to the common meaning and acceptation of the foregoing 
words, without any equivocation, mental evasion, or secret 
reservation whatsoever. So help me, God."] 

"I, A. B., do solemnly swear and affirm, that I will 
faithfully and impartially discharge and perform all the 
duties incumbent on me as , according to 

the best of my abilities and understanding, agreeably to 
the rules and regulations of the constitution and the laws 
of the commonwealth. So help me, God." 

Provided, always, that when any person chosen or ap- 
pointed as aforesaid, shall be of the denomination of the 



COMMONWEALTH OF MASSACHUSETTS. 31 

people called Quakers, and shall decline taking the said 
oath[s], he shall make his affirmation in the foregoing 
form, and subscribe the same, omitting the words, ["I do 
swear," " and abjure" " oath or" " and abjuration" in the 
first oath, and in the second oath, the words] ' ' swear 
and" and [in each of them] the words " So help me, 
God ; " subjoining instead thereof, " This I do under the 
pains and penalties of perjury." 

And the said oaths or affirmations shall be taken and affirmations 
subscribed by the governor, lieutenant-governor, and coun- how adminis- 
cillors, before the president of the senate, in the presence 
of the two houses of assembly ; and by the senators and 
representatives first elected under this constitution, before 
the president and five of the council of the former consti- 
tution ; and forever afterwards before the governor and 
council for the time being ; and by the residue of the 
officers aforesaid, before such persons and in such manner 
as from time to time shall be prescribed by the legislature. 

n. No governor, lieutenant-governor, or judge of the Plurality of 
supreme judicial court, shall hold any other office or place, mbtted P to°gov- 
under the authority of this commonwealth, except such as ScepCetc. 
by this constitution they are admitted to hold, saving that m e e n ? m Art. 
the judges of the said court may hold the offices of justices vm - 
of the peace through the state ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other state or government or power whatever. 

No person shall be capable of holding or exercising at f^Jf en U 5J| ct " 
the same time, within this state, more than one of the fol- 
lowing offices, viz. : judge of probate — sheriff — register 
of probate — or register of deeds ; and never more than 
any two offices, which are to be held by appointment of 
the governor, or the governor and council, or the senate, 
or the house of representatives, or by the election of the 
people of the state at large, or of the people of any county, 
military offices, and the offices of justices of the peace 
excepted, shall be held by one person. 

No person holding the office of judge of the supreme incompatible 
judicial court — secretary — attorney-general — solicitor- For C furtiier pro- 
general — treasurer or receiver-general — judge of probate ^compatible 

— commissary-general — [president, professor, or instruc- JJ^endments 
tor of Harvard College] — sheriff — clerk of the house of Art. vm. 

& . J . , Officers of Har- 

representatives — register of probate — register ol deeds vard college 

— clerk of the supreme judicial court — clerk of the infe- amendments, 
rior court of common pleas — or officer of the customs, A rt.xxvn. 
including in this description naval officers — shall at the 



32 



CONSTITUTION OF THE 



Incompatible 
offices. 



Bribery, etc., 
disqualify. 



Value of money 
ascertained. 



Property quali- 
fications may 
be increased. 
See amend- 
ments, Arts. 
XIII. and 
XXXIV. 



Provisions 
respecting 
commissions. 



Provisions re- 
specting writs. 

2 Pick. 592. 

3 Met. 58. 
13 Gray, 74. 



Continuation of 
former laws, 
except, etc. 

1 Mass. 59. 

2 Mass. 534. 

8 Pick. 309, 316. 
16 Pick. 107, 115. 
2 Met. 118. 



Benefit of 
habeas corpus 
secured, except, 
etc. 



same time have a seat in the senate or house of representa- 
tives ; but their being chosen or appointed to, and accept- 
ing the same, shall operate as a resignation of their seat in 
the senate or house of representatives ; and the place so 
vacated shall be filled up. 

And the same rule shall take place in case any judge of 
the said supreme judicial court, or judge of probate, shall 
accept a seat in council ; or any councillor shall accept of 
either of those offices or places. 

And no person shall ever be admitted to hold a seat in 
the legislature, or any office of trust or importance under 
the government of this commonwealth, who shall, in the 
due course of law, have been convicted of bribery or cor- 
ruption in obtaining an election or appointment. 

III. In all cases where sums of money are mentioned 
in this constitution, the value thereof shall be computed 
in silver, at six shillings and eight pence per ounce ; and 
it shall 'be in the power of the legislature, from time to 
time, to increase such qualifications, as to property, of 
the persons to be elected to offices, as the circumstances 
of the commonwealth shall require. 

IV. All commissions shall be in the name of the 
Commonwealth of Massachusetts, signed by the governor 
and attested by the secretary or his deputy, and have the 
great seal of the commonwealth affixed thereto. 

V. All writs, issuing out of the clerk's office in any of 
the courts of law, shall be in the name of the Common- 
wealth of Massachusetts ; they shall be under the seal of 
the court from whence they issue ; they shall bear test of 
the first justice of the court to which they shall be return- 
able, who is not a party, and be signed by the clerk of 
such court. 

VI. All the laws which have heretofore been adopted, 
used, and approved in the Province, Colony, or State of 
Massachusetts Bay, and usually practised on in the courts 
of law, shall still remain and be in full force, until altered 
or repealed by the legislature ; such parts only excepted 
as are repugnant to the rights and liberties contained in 
this constitution. 

VII. The privilege and benefit of the writ of habeas 
corpus shall be enjoyed in this commonwealth, in the most 
free, easy, cheap, expeditious, and ample manner ; and 
shall not be suspended by the legislature, except upon the 
most urgent and pressing occasions, and for a limited 
time, not exceeding twelve months. 



COMMONWEALTH OF MASSACHUSETTS. 33 

VIII. The enacting style, in making and passing all J t ^ nacting 
acts, statutes, and laws, shall be — "Be it enacted by the 
Senate and House of Kepresentatives in General Court 
assembled, and by the authority of the same." 

IX. To the end there may be no failure of justice, or officers of 
danger arise to the commonwealth from a change of the meS e cont5ued 
form of government, all officers, civil and military, hold- untl1 ' etc ' 
ing commissions under the government and people of 
Massachusetts Bay in New England, and all other officers 

of the said government and people, at the time this con- 
stitution shall take effect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them granted 
or committed, until other persons shall be appointed in 
their stead : and all courts of law shall proceed in the 
execution of the business of their respective departments ; 
and all the executive and legislative officers, bodies, and 
powers shall continue in full force, in the enjoyment and 
exercise of all their trusts, employments and authority; 
until the general court, and the supreme and executive offi- 
cers under this constitution, are designated and invested 
with their respective trusts, powers, and authority. 

X. [In order the more effectually to adhere to the Provision for 
principles of the constitution, and to correct those viola- BtSXon. con " 
tions which by any means may be made therein, as well * ro^SoS af to 
as to form such alterations as from experience shall be g^amSfd-* 8 ' 
found necessary, the general court which shall be in the ments, Art. ix. 
year of our Lord one thousand seven hundred and ninety- 
five, shall issue precepts to the selectmen of the several 

towns, and to the assessors of the unincorporated planta- 
tions, directing them to convene the qualified voters of 
their respective towns and plantations, for the purpose of 
collecting their sentiments on the necessity or expediency 
of revising the constitution, in order to amendments. 

And if it shall appear, by the returns made, that two- Provision for 
thirds of the qualified voters throughout the state, who Jmution. con " 
shall assemble and vote in consequence of the said pre- 
cepts, are in favor of such revision or amendment, the 
general court shall issue precepts, or direct them to be 
issued from the secretary's office, to the several towns 
to elect delegates to meet in convention for the purpose 
aforesaid. 

The said • delegates to be chosen in the same manner 
and proportion as their representatives in the second 
branch of the legislature are by this constitution to be 
chosen.] 



34 



CONSTITUTION OF THE 



Provision for 
preserving and 
publishing this 
constitution. 



XL This form of government shall be enrolled on 
parchment, and deposited in the secretary's office, and be 
a part of the laws of the land ; and printed copies thereof 
shall be prefixed to the book containing the laws of this 
commonwealth, in all future editions of the said laws. 



Bill, etc., not 
approved within 
five days, not to 
become a law, 
if legislature 
adjourn in the 
mean time. 
3 Mas6. 567. 
See Const., Ch. 
I., § 1, Art. II. 



General court 
empowered to 
charter cities. 
122 Mass. 354. 



Proviso. 

112 Mass. 200. 



Qualificationsof 
voters for gov- 
ernor, lieuten- 
ant-governor, 
senators and 
representatives. 
See amend- 
ments, Arts. 
XXX. and 
XXXII 

llPick.'538,540. 
14 Pick. 341. 
14 Mass. 367. 
5 Met. 162, 298, 
591, 594. 



ARTICLES OF AMENDMENT. 

Article I. If any bill or resolve shall be objected to, 
and not approved by the governor ; and if the general 
court shall adjourn within five days after the same shall 
have been laid before the governor for his approbation, 
and thereby prevent his returning it with his objections, 
as provided by the constitution, such bill or resolve shall 
not become a law, nor have force as such. 

Art. II. The general court shall have full power and 
authority to erect and constitute municipal or city gov- 
ernments, in any corporate town or towns in this com- 
monwealth, and to grant to the inhabitants thereof such 
powers, privileges, and immunities, not repugnant to the 
constitution, as the general court shall deem necessary 
or expedient for the regulation and government thereof, 
and to prescribe the manner of calling and holding public 
meetings of the inhabitants, in wards or otherwise, for 
the election of officers under the constitution, and the 
manner of returning the votes given at such meetings. 
Provided, that no such government shall be erected or 
constituted in any town not containing twelve thousand 
inhabitants, nor unless it be with the consent, and on the 
application of a majority of the inhabitants of such town, 
present and voting thereon, pursuant to a vote at a meet- 
ing duly warned and holden for that purpose. And pro- 
vided, also, that all by-laws, made by such municipal 
or city government, shall be subject, at all times, to be 
annulled by the general court. 

Art. III. Every male citizen of twenty-one years of 
age and upwards, excepting paupers and persons under 
guardianship, who shall have resided within the common- 
wealth one year, and within the town or district in which 
he may claim a right to vote, six calendar months next 
preceding any election of governor, lieutenant-governor, 
senators, or representatives, [and who shall have paid, 
by himself, or his parent, master, or guardian, any state 



COMMONWEALTH OF MASSACHUSETTS. 35 

or county tax, which shall, within two years next preced- l^l^% bj 
in£ such election, have been assessed upon him, in any 597 

» ,. . /» -i . ijiii 124 Maes. 596. 

town or district 01 this commonwealth ; and also every For educational 
citizen who shall be, by law, exempted from taxation, see\m?nd°- n ' 
and who shall be, in all other respects, qualified as above p^pi^to?' 
mentioned,] shall have a right to vote in such election of JJ^ ££*£&£ ° 
governor, lieutenant-governor, senators, and representa- t^ e a ™y o^ 
tives : and no other person shall be entitled to vote in of war, see 

_ * - 1 amendments. 

such election. Arts.xxvui. 

Bee also amendments, Art. XXIII., which was annulled by amendments, Art. XXVI. 

Art. IV. Notaries public shall be appointed by the Notaries public, 

. , x . -, . . t x pft how appointed 

governor in the same manner as judicial officers are ap- and removed, 
pointed, and shall hold their offices during seven years, 
unless sooner removed by the governor, with the consent 
of the council, upon the address of both houses of the 
legislature. 

Tin case the office of secretary or treasurer of the com- vacancies in the 

L ,., , ,, , z j. -1 . offices of secre- 

mon wealth shall become vacant from any cause, during tary and treas- 
the recess of the general court, the governor, with the tms' ciausf Ued ' 
advice and consent of the council, shall nominate and aSmentJ 7 
appoint, under such regulations as may be prescribed Art.xvn. 
by law, a competent and suitable person to such vacant 
office, who shall hold the same until a successor shall be 
appointed by the general court.] 

Whenever the exigencies of the commonwealth shall g^p^^y"^ 
require the appointment of a commissary-general, he shall Jg' 01 ^' in 
be nominated, appointed, and commissioned, in such man- 
ner as the legislature may, by law, prescribe. 

All officers commissioned to command in the militia Mmtia officers, 

, -. r, m -, jii« tow removed. 

may be removed from office in such manner as the legis- 
lature may, by law, prescribe. 

Art. V. In the elections of captains and subalterns who may vote 
of the militia, all the members of their respective compa- subaTtern. 1 ?. 8 and 
nies, as well those under as those above the age of twenty- 
one years, shall have a right to vote. 

Art. VI. Instead of the oath of allegiance prescribed ^SftmoSf 11 
by the constitution, the following oath shall be taken and |h e vi n8 Art. 1. 
subscribed by every person chosen or appointed to any 
office, civil or military, under the government of this 
commonwealth, before he shall enter on the duties of his 
office, to wit : — 

"I, A. B., do solemnly swear, that I will bear true 
faith and allegiance to the Commonwealth of Massachu- 
setts, and will support the constitution thereof. So help 
me, God." 



Tests abolished. 



36 CONSTITUTION OF THE 

Quakers may Provided, That when any person shall be of the denomi- 

affirm. nation called Quakers, and shall decline taking said oath, 

he shall make his affirmation in the foregoing form, omit- 
ting the word * ' swear " and inserting, instead thereof, the 
word ' * affirm," and omitting the words ' ' So help me, God," 
and subjoining, instead thereof, the words, "This I do 
under the pains and penalties of perjury." 

Art. VII. No oath, declaration, or subscription, ex- 
cepting the oath prescribed in the preceding article, and 
the oath of office, shall be required of the governor, lieuten- 
ant-governor, councillors, senators, or representatives, to 
qualify them to perform the duties of their respective offices. 
of C offic P es! ibility Art - VIII. No judge of any court of this common- 
122 Mass. 445, we alth, (except the court of sessions,) and no person 
123'Mass. 535. holding any office under the authority of the United 
States, (postmasters excepted,) shall, at the same time, 
hold the office of governor, lieutenant-governor, or coun- 
cillor, or have a seat in the senate or house of representa- 
tives of this commonwealth ; and no judge of any court in 
this commonwealth, (except the court of sessions,) nor the 
attorney-general, solicitor-general, county attorney, clerk 
of any court, sheriff, treasurer and receiver-general, reg- 
ister of probate, nor register of deeds, shall continue to 
hold his said office after being elected a member of the 
Congress of the United States, and accepting that trust ; 
but the acceptance of such trust, by any of the officers 
aforesaid, shall be deemed and taken to be a resignation 
of his said office ; and judges of the courts of common 
pleas shall hold no other office under the government of 
this commonwealth, the office of justice of the peace and 
militia offices excepted. 
institution?/ Art - ix - If > at an 7 time hereafter, any specific and 
how made. / particular amendment or amendments to the constitution 
be proposed in the general court, and agreed to by a ma- 
jority of the senators and two-thirds of the members of 
the house of representatives present and voting thereon, 
such proposed amendment or amendments shall be entered 
on the journals of the two houses, with the yeas and nays 
taken thereon, and referred to the general court then next 
to be chosen, and shall be published ; and if, in the general 
court next chosen as aforesaid, such proposed amendment 
or amendments shall be agreed to by a majority of the 
senators and two-thirds of the members of the house of 
representatives present and voting thereon, then it shall 
be the duty of the general court to submit such proposed 



COMMONWEALTH OF MASSACHUSETTS. 

amendment or amendments to the people ; and\ if they 
shall be approved and ratified by a majority of the quali- 
fied voters, voting thereon, at meetings legally warned 
and holden for that purpose, they shall become part of 
the constitution of this commonwealth. 

Art. X. The political year shall begin on the first commencement 
Wednesday of January, instead of the last Wednesday of year, 
May ; and the general court shall assemble every year on 
the said first Wednesday of January, and shall proceed, at 
that session, to make all the elections, and do all the other 
acts, which are by the constitution required to be made and 
done at the session which has heretofore commenced on the 
last Wednesday of May. And the general court shall be ti *° d termina- 
dissolved on the day next preceding the first Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained shall prevent 
the general court from assembling at such other times as 
they shall judge necessary, or when called together by the 
governor. The governor, lieutenant-governor and coun- 
cillors, shall also hold their respective offices for one year 
next following the first Wednesday of January, and until 
others are chosen and qualified in their stead. 

[The meeting for the choice of governor, lieutenant- Meetings for the 

L n . i n -, -i -i i choice of gov- 

governor, senators, and representatives, shall be held on emor, Heuten- 
the second Monday of November in every year; but etc.", when to be 
meetings may be adjourned, if necessary, for the choice This' clause 
of representatives, to the next day, and again to the next aSKments^ 
succeeding day, but no further. But in case a second Art< xv - 
meeting shall be necessary for the choice of representa- 
tives, such meetings shall be held on the fourth Monday 
of the same month of November.] 

All the other provisions of the constitution, respecting 
the elections and proceedings of the members of the gen- 
eral court, or of any other officers or persons whatever, that 
have reference to the last Wednesday of May, as the com- 
mencement of the political year, shall be so far altered, as 
to have like reference to the first Wednesday of January. 

This article shall go into operation on the first day of ^o l S^ hen 
October, next following the day when the same shall be operation. 
duly ratified and adopted as an amendment of the consti- 
tution ; and the governor, lieutenant-governor, councillors, 
senators, representatives, and all other state officers, who 
are annually chosen, and who shall be chosen for the cur- 
rent year, when the same shall go into operation, shall 
hold their respective offices until the first Wednesday of 



38 



CONSTITUTION OF THE 



Inconsistent 

provisions 

annulled. 



Religious 
fre«dom 
established. 
See Dec. of 
Rights, Art. 
III. 



122 Mass. 40,41. 



Census of rata- 
ble polls to be 
taken in 1837, 
and decennially 
thereafter. 
This article was 
superseded by 
amendments, 
Art. XIII., 
which was also 
superseded by 
amendments, 
Art. XXI. 
Representa- 
tives, how 
apportioned. 



January then next following, and until others are chosen 
and qualified in their stead, and no longer ; and the first 
election of the governor, lieutenant-governor, senators, and 
representatives, to be had in virtue of this article, shall 
be had conformably thereunto, in the month of November 
following the day on which the same shall be in force, and 
go into operation, pursuant to the foregoing provision. 

All the provisions of the existing constitution, incon- 
sistent with the provisions herein contained, are hereby 
wholly annulled. 

Art. XL Instead of the third article of the bill of 
rights, the following modification and amendment thereof 
is substituted : — 

"As the public worship of God and instructions in 
piety, religion, and morality, promote the happiness and 
prosperity of a people, and the security of a republican 
government; therefore, the several religious societies of 
this commonwealth, whether corporate or unincorporate, 
at any meeting legally warned and holden for that pur- 
pose, shall ever have the right to elect their pastors or 
religious teachers, to contract with them for their support, 
to raise money for erecting and repairing houses for public 
worship, for the maintenance of religious instruction, and 
for the payment of necessary expenses ; and all persons 
belonging to any religious society shall be taken and held 
to be members, until they shall file with the clerk of such 
society a written notice, declaring the dissolution of their 
membership, and thenceforth shall not be liable for any 
grant or contract which may be thereafter made, or entered 
into by such society ; and all religious sects and denomi- 
nations, demeaning themselves peaceably, and as good 
citizens of the commonwealth, shall be equally under the 
protection of the law ; and no subordination of any one 
sect or denomination to another shall ever be established 
by law." 

Art. XII. [In order to provide for a representation 
of the citizens of this commonwealth, founded upon the 
principles of equality, a census of the ratable polls, in each 
city, town, and district of the commonwealth, on the first 
day of May, shall be taken and returned into the secre- 
tary's office, in such manner as the legislature shall pro- 
vide, within the month of May, in the year of our Lord 
one thousand eight hundred and thirty-seven, and in every 
tenth year thereafter, in the month of May, in manner 
aforesaid ; and each town or city having three hundred rata- 



COMMONWEALTH OF MASSACHUSETTS. 39 

ble polls at the last preceding decennial census of polls, 
may elect one representative, and for every four hundred 
and fifty ratable polls in addition to the first three hun- 
dred, one representative more. 

Any town having less than three hundred ratable polls Towns having 
shall be represented thus : The whole number of ratable ratahie'poiis, 
polls, at the last preceding decennial census of polls, shall JSted! pre " 
be multiplied by ten, and the product divided by three 
hundred ; and such town may elect one representative as 
many years within ten years, as three hundred is contained 
in the product aforesaid. 

Any city or town having ratable polls enough to elect f e r pre 8 ented.° w 
one or more representatives, with any number of polls 
beyond the necessary number, may be represented, as to 
that surplus number, by multiplying such surplus number 
by ten and dividing the product by four hundred and fifty ; 
and such city or town may elect one additional representa- 
tive as many years, within the ten years, as four hundred 
and fifty is contained in the product aforesaid. 

Any two or more of the several towns and districts Towns may 
may, by consent of a majority of the legal voters present tentative dTs P - re " 
at a legal meeting, in each of said towns and districts, tnct8 ' 
respectively, called for that purpose, and held previous to 
the first day of July, in the year in which the decennial 
census of polls shall be taken, form themselves into a rep- 
resentative district to continue until the next decennial 
census of polls, for the election of a representative, or rep- 
resentatives ; and such district shall have all the rights, in 
regard to representation, which would belong to a town 
containing the same number of ratable polls. 

The governor and council shall ascertain and determine, The governor 
within the months of July and August, in the year of our deferSelhe 
Lord one thousand eight hundred and thirty-seven, accord- r" 8 m nt e a r tiv f es e t?" 
ing to the foregoing principles, the number of representa- J^te entitled 
tives, which each city, town, and representative district 
is entitled to elect, and the number of years, within the 
period of ten years then next ensuing, that each city, 
town, and representative district may elect an additional 
representative ; and where any town has not a sufficient 
number of polls to elect a representative each year, then, 
how many years within the ten years, such town may elect 
a representative ; and the same shall be done once in ten New apportion- 

xi nj_ t ,i i m t -I menttobemade 

years, thereafter, by the governor and council, and the once in every 
number of ratable polls in each decennial census of polls, ten y ears - 
shall determine the number of representatives, which each 



40 CONSTITUTION OF THE 

city, town and representative district may elect as afore- 
said ; and when the number of representatives to be elected 
by each city, town, or representative district is ascertained 
and determined as aforesaid, the governor shall cause the 
same to be published forthwith for the information of the 
people, and that number shall remain fixed and unalterable 
for the period of ten years. 
prSoir* AH the provisions of the existing constitution incon- 

ammiied. sistent with the provisions herein contained, are hereby 

wholly annulled.] 
habSnt°s f t?be Art. XIII. [A census of the inhabitants of each city 
and e di"ein 4 iaii y an( ^ town, on the first day of May, shall be taken, and 
thereafter, for returned into the secretary's office, on or before the last 
eentation. day of June, of the year one thousand eight hundred and 

cenluslulel forty, and of every tenth year thereafter ; which census 
ment^Art^? 1 " 1 ' shall determine the apportionment of senators and repre- 
xxi. and xxh. sen tatives for the term of ten years. 122 Mass. 595. 

Scteded^ed The several senatorial districts now existing shall be 
pro^s?ons'a S to permanent. The senate shall consist of forty members ; 
senators super- an d i n the year one thousand eight hundred and forty, 
ments, Art! and every tenth year thereafter, the governor and council 

YYTT ; ^-^ 

shall assign the number of senators to be chosen in each 
district, according to the number of inhabitants in the 
same. But, in all cases, at least one senator shall be 
assigned to each district. 
SntftiveV^ow" The members of the house of representatives shall be 
apportioned. apportioned in the following manner : Every town or city 

Provisions as to rr << © J J 

representatives containing twelve hundred inhabitants may elect one rep- 
ame e ndme e nts, y resentative ; and two thousand four hundred inhabitants 
shall be the mean increasing number, which shall entitle 
it to an additional representative. 
SJS 1 ™™' Every town containing less than twelve hundred inhab- 

sented. itants shall be entitled to elect a representative as many 

times within ten years as the number one hundred and 
sixty is contained in the number of the inhabitants of said 
town. Such towns may also elect one representative for 
the year in which the valuation of estates within the com- 
monwealth shall be settled. 
nnite n fnto ay Any two or more of the several towns may, by consent 

district" 1 ^ 6 °f a majority of the legal voters present at a legal meet- 
ing, in each of said towns, respectively, called for that 
purpose, and held before the first day of August, in the 
year one thousand eight hundred and forty, and every 
tenth year thereafter, form themselves into a representa- 
tive district, to continue for the term of ten years ; and 



COMMONWEALTH OF MASSACHUSETTS. 41 

such district shall have all the rights, in regard to repre- 
sentation, which would belong to a town containing the 
same number of inhabitants. 

The number of inhabitants which shall entitle a town Basis of 

. -, . ,. -1,1 • . representation, 

to elect one representative, and the mean increasing num- and ratio of 
ber which shall entitle a town or city to elect more than mcreaee - 
one, and also the number by which the population of towns 
not entitled to a representative every year is to be divided, 
shall be increased, respectively, by one-tenth of the num- 
bers above mentioned, whenever the population of the 
commonwealth shall have increased to seven hundred and 
seventy thousand, and for every additional increase of 
seventy thousand inhabitants, the same addition of one- 
tenth shall be made, respectively, to the said numbers 
above mentioned. 

In the year of each decennial census, the governor and Jn^SJciuo 
council shall, before the first day of September, apportion n SJer°of the 
the number of" representatives which each city, town, and representatives 
representative district is entitled to elect, and ascertain once in every 
how many years, within ten years, any town may elect a ten 5 reare * 
representative, which is not entitled to elect one every 
year ; and the governor shall cause the same to be pub- 
lished forthwith. 

Nine councillors shall be annually chosen from among councillors to 
the people at large, on the first Wednesday of January, thVpeopTe at° m 
or as soon thereafter as may be, by the joint ballot of the provisions as to 
senators and representatives, assembled in one room, who superseded by 
shall, as soon as may be, in like manner, fill up any vacan- amendments, 
cies that may happen in the council, by death, resignation, 
or otherwise. No person shall be elected a councillor, who Qualifications 
has not been an inhabitant of this commonwealth for the ° 
term of five years immediately preceding his election ; 
and not more than one councillor shall be chosen from 
any one senatorial district in the commonwealth.] 

No possession of a freehold, or of any other estate, shall quauSion^or 
be required as a qualification for holding- a seat in either a seat in general 

1 t «t court or council 

branch of the general court, or m the executive council, not required. 

Art. XIY. In all elections of civil officers by the Elections by the 
people of this commonwealth, whose election is provided ptu?autyof eby 
for by the constitution, the person having the highest num- vote8> 
ber of votes shall be deemed and declared to be elected. 

Art. XV. The meeting: for the choice of o-overnor, Time of annual 



^ ^v^ ~^^ vu . v .* vv v^ e < 



election of gov 



lieutenant-governor, senators, and representatives, shall emor and legis- 
be held on the Tuesday next after the first Monday in 
November, annually ; but in case of a failure to elect rep- 



42 CONSTITUTION OF THE 

resentatives on that day, a second meeting shall be holden, 
for that purpose, on the fourth Monday of the same month 
of November. 
tontob?S£'en Art - XVL Ei g nt councillors shall be annually chosen 
i&mIm ^' ^y ^ e mnaD itants of this commonwealth, qualified to vote 
598. for governor. The election of councillors shall be deter- 

mined by the same rule that is required in the election of 
governor. The legislature, at its first session after this 
amendment shall have been adopted, and at its first ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 
disteiS state* thereafterwards, shall divide the commonwealth into eight 
districts of contiguous territory, each containing a number 
of inhabitants as nearly equal as practicable, without divid- 
ing any town or ward of a city, and each entitled to elect 
one councillor : provided, however, that if, at any time, the 
constitution shall provide for the division of the common- 
wealth into forty senatorial districts, then* the legislature 
shall so arrange the councillor districts, that each district 
shall consist of five contiguous senatorial districts, as 
they shall be, from time to time, established by the legis- 
defined. lty lature. No person shall be eligible to the office of coun- 
cillor who has not been an inhabitant of the commonwealth 
for the term of iwe years immediately preceding his elec- 
?e a r y of n eieSn tion. The day and manner of the election, the return of 
etc - the votes, and the declaration of the said elections, shall 

be the same as are required in the election of governor. 
vacant, how [Whenever there shall be a failure to elect the full num- 
Fornewpro- g er f councillors, the vacancies shall be filled in the same 

vision as to ' . . , 

vacancies, see manner as is required for filling vacancies in the senate ; 

Art. xxv. ' and vacancies occasioned by death, removal from the state, 

or otherwise, shall be filled in like manner, as soon as may 

organization of fa a ft er suc h vacancies shall have happened.] And that 

the government. ' . x . n J 

there may be no delay in the organization 01 the govern- 
ment on the first Wednesday of January, the governor, 
with at least five councillors for the time being, shall, as 
soon as may be, examine the returned copies of the records 
for the election of governor, lieutenant-governor, and coun- 
cillors ; and ten days before the said first Wednesday in 
January he shall issue his summons to such persons as 
appear to be chosen, to attend on that day to be qualified 
accordingly ; and the secretary shall lay the returns before 
the senate and house of representatives on the said first 
Wednesday in January, to be by them examined ; and in 
case of the election of either of said officers, the choice 



COMMONWEALTH OF MASSACHUSETTS. 43 

shall be by them declared and published ; but in case there 
shall be no election of either of said officers, the legislat- 
ure shall proceed to fill such vacancies in the manner pro- 
vided in the constitution for the choice of such officers. 

Art. XVII. The secretary, treasurer and receiver- Election of 
general, auditor, and attorney-general, shall be chosen urerfaudito™ 38 * 
annually, on the day in November prescribed for the ^nerai°bythe 
choice of governor ; and each person then chosen as such, peopte. 
duly qualified in other respects, shall hold his office for 
the term of one year from the third Wednesday in Jan- 
uary next thereafter, and until another is chosen and 
qualified in his stead. The qualification of the voters, 
the manner of the election, the return of the votes, and 
the declaration of the election, shall be such as are required 
in the election of governor. In case of a failure to elect vacancies, now 
either of said officers on the day in November aforesaid, 
or in case of the decease, in the mean time, of the person 
elected as such, such officer shall be chosen on or before 
the third Wednesday in January next thereafter, from 
the two persons who had the highest number of votes for 
said offices on the day in November aforesaid, by joint 
ballot of the senators and representatives, in one room ; . 
and in case the office of secretary, or treasurer and receiver- 
general, or auditor, or attorney-general, shall become va- 
cant, from any cause, during an annual or special session 
of the general court, such vacancy shall in like manner 
be filled by choice from the people at large ; but if such 
vacancy shall occur at any other time, it shall be supplied 
by the governor by appointment, with the advice and con- 
sent of the council. The person so chosen or appointed, 
duly qualified in other respects, shall hold his office until 
hi- successor is chosen and duly qualified in his stead. 
In case any person chosen or appointed to either of the To qualify 
offices aforesaid, shall neglect, for the space of ten clays Serais? office 
after he could otherwise enter upon his duties, to qualify vac°ant. eemed 
himself in all respects to enter upon the discharge of such 
duties, the office to which he has been elected or appointed 
shall be deemed vacant. No person shall be eligible to Qualification 
either of said offices unless he shall have been an inhabi- reqmsi< 
tant of this commonwealth five years next preceding his 
election or appointment. 

Art. XVIII. All moneys raised by taxation in the school moneys 
towns and cities for the support of public schools, and £nea°for secta- 
all moneys which may be appropriated by the state for £*? orient!' 
the support of common schools, shall be applied to, and provision as to 



44 



CONSTITUTION OF THE 



schools, see 

constitution, 

Part First, Art. 

III. 

12 Allen, 500, 

508. 

103 Mass. 94, 96. 



Legislature to 
prescribe for 
the election of 
sheriffs, regis- 
ters of probate, 
etc. See 
amendments, 
Art. XXXVI. 
8 Gray,l. 
13 Gray, 74. 



Reading consti- 
tution in 
English and 
writing, neces- 
sary qualifica- 
tions of voters. 
Proviso. 
For other quali- 
fications, see 
amendments, 
Art. III. 
See also amend- 
ments, Art. 
XXIII., which 
was annulled by 
amendments, 
Art. XXVI. 

Census of legal 
voters and of 
inhabitants, 
when taken, 
etc. See 
P. S. c. 31. 



House of repre- 
sentatives to 
consist of 240 
members. 
Legislature to 
apportion, etc. 
10 Gray, 613. 



expended in, no other schools than those which are con- 
ducted according to law, under the order and superintend- 
ence of the authorities of the town or city in which the 
money is to be expended ; and such moneys shall never 
be appropriated to any religious sect for the maintenance, 
exclusively, of its own school. 

Art. XIX. The legislature shall prescribe, by general 
law, for the election of sheriffs, registers of probate, [com- 
missioners of insolvency,] and clerks of the courts, by the 
people of the several counties, and that district-attorneys 
shall be chosen by the people of the several districts, for 
such term of office as the legislature shall prescribe. 

110 Mass. 172, 173. 117 Mass. 602, 603. 121 Mass. 65. 

Art. XX. No person shall have the right to vote, or 
be eligible to office under the constitution of this common- 
wealth, who shall not be able to read the constitution in 
the English language, and write his name : provided, how- 
ever, that the provisions of this amendment shall not apply 
to any person prevented by a physical disability from com- 
plying with its requisitions, nor to any person who now 
has the right to vote, nor to any persons who shall be 
sixty years of age or upwards at the time this amendment 
shall take effect. 

Art. XXI. A census of the legal voters of each city 
and town, on the first day of May, shall be taken and 
returned into the office of the secretary of the common- 
wealth, on or before the last day of June, in the year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of every tenth 
year thereafter. In the census aforesaid, a special enumer- 
ation shall be made of the legal voters ; and in each city, 
said enumeration shall specify the number of such legal 
voters aforesaid, residing in each ward of such city. The 
enumeration aforesaid shall determine the apportionment 
of representatives for the periods between the taking of 
the census. 

The house of representatives shall consist of two hun- 
dred and forty members, which shall be apportioned by 
the legislature, at its first session after the return of each 
enumeration as aforesaid, to the several counties of the 
commonwealth, equally, as nearly as may be, according 
to their relative numbers of legal voters, as ascertained 
by the next preceding special enumeration ; and the town 
of Cohasset, in the county of Norfolk, shall, for this pur- 



COMMONWEALTH OF MASSACHUSETTS. 45 

pose, as well as in the formation of districts, as hereinafter 
])rovided, be considered a part of the count} 7 of Plymouth ; 
and it shall be the duty of the secretary of the common- secretary shall 
wealth, to certify, as soon as may be after it is determined cers 1 authorized 
by the legislature, the number of representatives to which counties! 
each county shall be entitled, to the board authorized to 
divide each county into representative districts. The 
mayor and aldermen of the city of Boston, the county 
commissioners of other counties than Suffolk, — or in lieu 
of the mayor and aldermen of the city of Boston , or of the 
county commissioners in each county other than Suffolk, 
such board of special commissioners in each county, to 
be elected by the people of the county, or of the towns 
therein, as may for that purpose be provided by law, — 
shall, on the first Tuesday of August next after each Meeting for 
assignment of representatives to each county, assemble at fiSJraeeday 
a shire town of their respective counties, and proceed, as p ro teS£gs. 
soon as may be, to divide the same into representative 
districts of contiguous territory, so as to apportion the 
representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters 
in the several districts of each county ; and such districts 
shall be so formed that no town or ward of a city shall 
be divided therefor, nor shall any district be made which 
shall be entitled to elect more than three representatives. 
Every representative, for one year at least next preceding Quaiificationsof 
his election, shall have been an inhabitant of the district SJSISa!*^ 8, 
for which he is chosen, and shall cease to represent such 598, 
district when he shall cease to be an inhabitant of the 
commonwealth. The districts in each county shall be Districts to be 
numbered by the board creating the same, and a descrip- Scribed 'and 
tion of each, with the numbers thereof and the number certifled - 
of legal voters therein, shall be returned by the board, to 
the secretary of the commonwealth, the county treasurer 
of each county, and to the clerk of every town in each 
district, to be filed and kept in their respective offices. 
The manner of callino- and conducting the meetino'S for 
the choice of representatives, and of ascertaining their 
election, shall be prescribed by law. [Xot less than one Quorum, see 
hundred members of the house of representatives shall a^xxxhi. 
constitute a quorum for doing business ; but a less num- 
ber may organize temporarily, adjourn from day to day, 
and compel the attendance of absent members.] 

Art. XXII. A census of the legal voters of each city census, etc. 
and town, on the first day of May, shall be taken and 



46 



CONSTITUTION OF THE 



Voters to be 
basis of appor- 
tionment of 
senators. 



Senate to con- 
sist of forty 
members. 



Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualifications 
of senators. 



Quorum, see 
amendments, 
Art. XXXIII. 



Residence of 
two years re- 
quired of natu- 
ralized citizens, 
to entitle to suf- 
frage or make 
eligible to office. 
This article 
annulled by 
Art. XXVI. 



Vacancies in the 
senate. 



returned into the office of the secretary of the common- 
wealth, on or before the last day of June, in the year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of every tenth 
year thereafter. In the census aforesaid, a special enu- 
meration shall be made of the legal voters, and in each 
city said enumeration shall specify the number of such 
legal voters aforesaid, residing in each ward of such city. 
The enumeration aforesaid shall determine the apportion- 
ment of senators for the periods between the taking of the 
census. The senate shall consist of forty members. The 
general court shall, at its first session after each next pre- 
ceding special enumeration, divide the commonwealth into 
forty districts of adjacent territory, each district to contain, 
as nearly as may be, an equal number of legal voters, ac- 
cording to the enumeration aforesaid : provided, however, 
that no town or ward of a city shall be divided therefor ; 
and such districts shall be formed, as nearly as may be, 
without uniting two counties, or parts of two or more 
counties, into one district. Each district shall elect, one 
senator, who shall have been an inhabitant of this com- 
monwealth five years at least immediately preceding his 
election, and at the time of his election shall be an inhab- 
itant of the district for which he is chosen ; and he shall 
cease to represent such senatorial district when he shall 
cease to be an inhabitant of the commonwealth. [Not less 
than sixteen senators shall constitute a quorum for doing 
business ; but a less number may organize temporarily, 
adjourn from day to day, and compel the attendance of 
absent members.] 

Art. XXIII. [No person of foreign birth shall be en- 
titled to vote, or shall be eligible to office, unless he shall 
have resided within the jurisdiction of the United States 
for two years subsequent to his naturalization, and shall 
be otherwise qualified, according to the constitution and 
laws of this commonwealth : provided, that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom.] 

Art. XXIV. Any vacancy in the senate shall be filled 
by election by the people of the unrepresented district, 
upon the order of a majority of the senators elected. 



COMMONWEALTH OF MASSACHUSETTS. 47 

Art. XXV. In case of a vacancy in the council, from vacancies in the 
a failure of election, or other cause, the senate and house 
of representatives shall, by concurrent vote, choose some 
eligible person from the people of the district wherein such 
vacancy occurs, to fill that office. If such vacancy shall 
happen when the legislature is not in session, the governor, 
with the advice and consent of the council, may fill the same 
by appointment of some eligible person. 

Art. XXVI. The twenty-third article of the articles Twenty-third 
of amendment of the constitution of this commonwealth, amendments 
which is as follows, to wit : " No person of foreign birth annuUed - 
shall be entitled to vote, or shall be eligible to office, unless 
he shall have resided within the jurisdiction of the United 
States for two years subsequent to his naturalization, and 
shall be otherwise qualified, according to the constitution 
and laws of this commonwealth : provided , that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the tem- 
porary absence of the parent therefrom," is hereby wholly 
annulled. 

Art. XXVH. So much of article two of chapter six Provisions of 
of the constitution of this commonwealth as relates to per- vi.,' relating to 
sons holding the office of president, professor, or instructor %f r Tco\\^' 
of Harvard College, is hereby annulled. annulled. 

Art. XXVIII. No person having served in the army superseded by 
or navy of the United States in time of war, and having 
been honorably discharged from such service, if otherwise 
qualified to vote, shall be disqualified therefor on account 
of being a pauper ; or, if a pauper, because of the non- 
payment of a poll tax. 

Art. XXIX. The general court shall have full power voting P re- 
and authority to provide for the inhabitants of the towns C1 
in this commonwealth more than one place of public meet- 
ing within the limits of each town for the election of officers 
under the constitution, and to prescribe the manner of call- 
ing, holding and conducting such meetings. All the pro- 
visions of the existing constitution inconsistent with the 
provisions herein contained are hereby annulled. 

Art. XXX. No person, otherwise qualified to vote in voters not des- 
elections for governor, lieutenant-governor, senators, and reason ot Y 
representatives, shall, by reason of a change of residence dencluntiiTi 
within the commonwealth, be disqualified from voting for J^e^/rem^vai. 
said officers in the city or town from which he has removed 



48 



CONSTITUTION OF THE 



Amendments, 
Art. XXVIII. 
amended. 



Person who 
served in army 
or navy, etc., 
not disqualified 
from voting for 
non-payment of 
poll tax. 



Provisions of 
amendments, 
Art. III., rela- 
tive to payment 
of a tax as a 
voting qualifica- 
tion, annulled. 



Quorum, in each 
branch of the 
general court, 
to consist of a 
majority of 
members. 



Provisions of 
Art. II., § I., 
Chap. II., Part 
II., relative to 

Eroperty quali- 
cation of 
governor, 
annulled. 



Provisions of 
Art. II., § III., 
Chap. I., rela- 
tive to expense 
of travelling to 
the general 
assembly by 
members of the 
house, annulled. 



his residence, until the expiration of six calendar months 
from the time of such removal. 

Art. XXXI. Article twenty-eight of the amendments 
of the constitution is hereby amended by striking out in 
the fourth line thereof the words " being a pauper", and 
inserting in place thereof the words : — receiving or having 
received aid from any city or town, — and also by striking 
out in said fourth line the words "if a pauper", so that 
the article as amended shall read as follows : Article 
XXVIII. No person having served in the army or navy 
of the United States in time of war, and having been hon- 
orably discharged from such service, if otherwise qualified 
to vote, shall be disqualified therefor on account of receiv- 
ing or having received aid from any city or town, or be- 
cause of the non-payment of a poll tax. 

Art. XXXII. So much of article three of the amend- 
ments of the constitution of the commonwealth as is con- 
tained in the following words : " and who shall have paid, 
by himself, or his parent, master, or guardian, any state or 
county tax, which shall, within two years next preceding 
such election, have been assessed upon him, in any town 
or district of this commonwealth; and also every citizen 
who shall be, by law, exempted from taxation, and who 
shall be, in all other respects, qualified as above men- 
tioned ", is hereby annulled. 

Art. XXXIII. A majority of the members of each 
branch of the general court shall constitute a quorum for 
the transaction of business, but a less number may adjourn 
from day to day, and compel the attendance of absent 
members. All the provisions of the existing constitu- 
tion inconsistent with the provisions herein contained are 
hereby annulled. 

Art. XXXIV. So much of article two of section one 
of chapter two of part the second of the constitution of 
the commonwealth as is contained in the following Avords : 
"and unless he shall at the same time be seised, in his 
own right, of a freehold, within the commonwealth, of the 
value of one thousand pounds " ; is hereby annulled. 

Art. XXXV. So much of article two of section three 
of chapter one of the constitution of the commonwealth 
as is contained in the following words : ' ' The expenses of 
travelling to the general assembly, and returning home, 
once in every session, and no more, shall be paid by the 
government, out of the public treasury, to every mem- 
ber who shall attend as seasonably as he can, in the judg- 



COMMONWEALTH OF MASSACHUSETTS. 49 

ment of the house, and does not depart without leave", 
is hereby annulled. 

Art. XXXVI. So much of article nineteen of the 
articles of amendment to the constitution of the common- 
wealth as is contained in the following words : " commis- 
sioners of insolvency", is hereby annulled. 



The constitution of Massachusetts was agreed upon by delegates 
of the people, in convention, begun and held at Cambridge, on the 
first day of September, 1779, and continued by adjournments to the 
second day of March, 1780, when the convention adjourned to meet 
on the first Wednesday of the ensuing June. In the mean time the 
constitution was submitted to the people, to be adopted by them, 
provided two-thirds of the votes given should be in the affirmative. 
When the convention assembled, it was found that the constitution 
had been adopted by the requisite number of votes, and the conven- 
tion accordingly Resolved, ' ' That the said Constitution or Frame of 
Government shall take place on the last Wednesday of October next ; 
and not before, for any purpose, save only for that of making elec- 
tions, agreeable to this resolution." The first legislature assembled 
at Boston, on the twenty -fifth day of October, 1780. 

The first nine Articles of Amendment were submitted, by delegates 
in convention assembled, November 15, 1820, to the people, and by 
them ratified and adopted April 9, 1821. 

The tenth Article was adopted by the legislatures of the political 
years 1829-30 and 1830-31, respectively, and was approved and 
ratified by the people May 11, 1831. 

The eleventh Article was adopted by the legislatures of the politi- 
cal years 1832 and 1833, respectively, and was approved and ratified 
by the people November 11, 1833. 

The twelfth Article was adopted by the legislatures of the political 
years 1835 and 1836, respectively, and was approved and ratified by 
the people the fourteenth day of November, 1836. 

The thirteenth Article was adopted by the legislatures of the politi- 
cal years 1839 and 1840, respectively, and was approved and ratified 
by the people the sixth day of April, 1840. 

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and 
nineteenth Articles were adopted by the legislatures of the political 
years 1854 and 1855, respectively, and ratified by the people the 
twenty-third day of May, 1855. 

The twentieth, twenty-first, and twenty-second Articles were 
adopted by the legislatures of the political years 1856 and 1857, 
respectively, and ratified by the people on the first day of May, 1857. 



50 CONSTITUTION OF MASSACHUSETTS. 

The twenty-third Article was adopted by the legislatures of the 
political years 1858 and 1859, respectively, and ratified by the people 
on the ninth day of May, 1859, and was repealed by the twenty-sixth 
Amendment. 

The twenty -fourth and twenty -fifth Articles were adopted by the 
legislatures of the political years 1859 and 1860, and ratified by the 
people on the seventh day of May, 1860. 

The twenty-sixth Article was adopted by the legislatures of the 
political years 1862 and 1863, and ratified by the people on the sixth 
day of April, 1863. 

The twenty -seventh Article was adopted by the legislatures of the 
political years 1876 and 1877, and was approved and ratified by the 
people on the sixth day of November, 1877. 

The twenty-eighth Article was adopted by the legislatures of the 
political years 1880 and 1881, and was approved and ratified by the 
people on the eighth day of November, 1881. 

The twenty-ninth Article was adopted by the legislatures of the 
political years 1884 and 1885, and was approved and ratified by the 
people on the third day of November, 1885. 

The thirtieth and thirty-first Articles were adopted by the legis- 
latures of the political years 1889 and 1890, and were approved and 
ratified by the people on the fourth day of November, 1890. 

The thirty -second and thirty -third Articles were adopted by the 
legislatures of the political years 1890 and 1891, and were approved 
and ratified by the people on the third day of November, 1891. 

The thirty -fourth Article was adopted by the legislatures of the 
political years 1891 and 1892, and was approved and ratified by the 
people on the eighth day of November, 1892. 

The thirty-fifth Article was adopted by the legislatures of the 
political years 1892 and 1893, and was approved and ratified by the 
people on the seventh day of November, 1893. 

The thirty-sixth Article was adopted by the legislatures of the 
political years 1893 and 1894, and was approved and ratified by the 
people on the sixth day of November, 1894. 



[A proposed Article of Amendment, prohibiting the manufacture 
and sale of Intoxicating Liquor as a beverage, adopted by the legis- 
latures of the political years 1888 and 1889, was rejected by the 
people on the twenty-second day of April, 1889.] 

[Proposed Articles of Amendment, (1) Establishing biennial 
elections of state officers, and (2) Establishing biennial elections 
of members of the General Court, adopted by the legislatures of 
the political years 1895 and 1896, were rejected by the people at 
the annual election held on the third day of November, 1896.] 



INDEX TO THE CONSTITUTION. 



A. 

Page 
Address of both houses of the legislature, judicial officers may be 

removed by governor with consent of council upon, . 26 

Adjutant-general, appointed by the governor, .... 22 
Adjutants, to be appointed by commanding officers of regiments, . 22 
Affirmations, instead of the required oaths, may be made by 

Quakers, 30,31,36 

Agriculture, arts, commerce, etc., to be encouraged, ... 29 

Alimony, divorce, etc., 27 

Amendment to the constitution, proposed in the general court, 
agreed to by a majority of senators and two-thirds of 
house present and voting thereon by yeas and nays ; en- 
tered upon the journals of both houses, and referred to 
the next general court ; if the next general court agrees 
to the proposition in the same manner, and to the same 
effect, it shall be submitted to the people, and, if approved 
by them by a majority vote, becomes a part of the con- 
stitution, 36,37 

Apportionment of councillors, 24,41,42 

state to be divided into eight districts, ... 42 

Apportionment of senators, 13, 40, 46 

on basis of legal voters, and state to be divided into forty 

districts, 46 

Apportionment of representatives, 16,39,40,44 

to the several counties, made on the basis of legal voters, . 44 
Armies, dangerous to liberty, and not to be maintained without 

consent of the legislature, 8 

Arms, right of people to keep and to bear, for public defence, . 8 
Arrest, members of house of representatives exempted from, on 
mesne process, while going to, returning from, or attend- 
ing the general assembly, 18 

Arrest, search and seizure, right of, regulated, .... 7 

warrant to contain special designation, 7 

Attorney-general, to be chosen by the people annually in Novem- 
ber, 21,43 

to hold office for one year from third Wednesday in January 

next thereafter, and until another is chosen and qualified, 43 

election determined by legislature, 43 

in failure of election by the voters, or in case of decease of 
person elected, vacancy to be filled by joint ballot of legis- 
lature from the two persons having the highest number 
of votes at November election, 43 

51 



52 INDEX TO THE CONSTITUTION. 



Page 



Attorney-general, vacancy occurring during session of the legislat- 
ure, filled by joint ballot of legislature from the people 
at large, 43 

vacancy occurring during recess of legislature, filled by gov- 
ernor by appointment, with consent of council, . . 43 

not eligible, unless an inhabitant of the state for five years 

next preceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 

Attorneys, district, elected by the people of the several districts, . 44 
Auditor, to be chosen by the people annually in November, . . 43 

to hold office for one year from third Wednesday in January 

next thereafter, and until another is chosen and qualified, 43 

election determined by legislature, 43 

vacancy filled in same manner as in office of attorney-general, 43 

not eligible, unless an inhabitant of the state for five years 

next preceding election, 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 



B. 

Bail or sureties, excessive, not to be required, .... 9 

Bills, money, to originate in the house of representatives, . . 17 
Bills and resolves, to be laid before governor for revisal, . . 10 
to have force of law if signed by governor, .... 10 
if objected to by governor in writing, to be returned to 
branch in which originated, and may be passed by two- 
thirds of each branch present and voting thereon by yeas 

and nays, 10 

if not returned by governor within five days after presenta- 
tion, to have force of law, unless the legislature adjourns 

before that time expires, 11, 34 

Boards, public, to make quarterly reports to the governor, . . 22 

Body politic, formation and nature of, 3 

title of : The Commonwealth of Massachusetts, ... 10 
Bribery or corruption used in procuring an appointment or elec- 
tion, to disqualify from holding any office of trust, etc., . 32 



c. 

Census of ratable polls, . 38 

of inhabitants, 40, 44, 45 

of inhabitants and legal voters taken in the year 1865, and 

every tenth year thereafter, 44, 46 

enumeration of voters to determine the apportionment of 

representatives, 44 



INDEX TO THE CONSTITUTION. 53 

Page 
Cities, may be chartered by the general court, if containing twelve 
thousand inhabitants and consented to by a majority 

thereof, 34 

Civil officers, meeting for election to be held annually on the Tues- 
day next after the first Monday in November, ... 41 
whose election is provided for by the constitution to be 

elected by a plurality of votes, 41 

Clerks of courts, elected by the people of the several counties, . 44 
Clerks of towns, to make records and returns of elections, . . 13 
Colonial laws, not repugnant to the constitution, continued in 

force, 32 

Commander-in-chief, governor to be, 20 

Commerce, agriculture and the arts, to be encouraged, ... 29 
Commissary-general, appointed and commissioned as fixed by law, 25, 35 
Commission officers, tenure of office to be expressed in commissions, 26 
Commissioners of insolvency, elected by the people of the several 

counties ; annulled, 44, 49 

Commissions, to be in the name of the commonwealth, signed by 
governor, attested by the secretary, and have the great 

seal affixed, 32 

Congress, delegates to, 27 

members of, may not hold certain state offices, ... 36 
Constitution, amendment to, proposed in the general court, agreed 
to by a majority of senators and two-thirds of the house 
present and voting thereon by yeas and nays ; entered 
upon the journals of both houses, and referred to the next 
general court ; if the next general court agrees to the 
proposition in the same manner and to the same effect, it 
shall be submitted to the people, and, if approved by them 
by a majority vote, becomes a part of the constitution, 
Constitution, provisions for revising, . . m . 

to be enrolled on parchment, deposited in secretary's office 
and printed in all editions of the laws, 

Coroners, 

Corruption or bribery used in procuring any appointment or elec- 
tion, to disqualify from holding any office of trust, etc., 
Council, five members to constitute a quorum, 

eight councillors to be elected annually, ..... 
election to be determined by rule required in that of gov- 
ernor, 

to take oath of office before the president of the senate in 

presence of both houses of assembly, 
to rank next after the lieutenant-governor, 
resolutions and advice to be recorded in a register, and signed 

by the members present, 

register of council may be called for by either house, 

to exercise the power of governor when office of governor 

and lieutenant-governor is vacant, 25 



36,37 
33,36 

34 
21 

32 

24 

24,42 

42 

29 
25 

25 
25 



54 INDEX TO THE CONSTITUTION. 

Page 

Council, no property qualification required, 41 

eight districts to be formed, each composed of five contiguous 

senatorial districts, ........ 42 

eligible to election if an inhabitant of state for five years pre- 
ceding election, 42 

term of office, 37 

vacancy to be filled by election of a resident of the district by 
concurrent vote of the senate and house ; if legislature is 
not in session, to be filled by governor with advice of 

council, 47 

Court, superior, judges not to hold certain other offices, . . 36 
Court, supreme judicial, judges to have honorable salaries fixed 
by standing laws, and to hold office during good be- 
havior, 9,23 

judges not to hold certain other offices, . . . . . 36 
to give opinions upon important questions of law, etc., when 
required by either branch of the legislature or by the 

governor and council, 26 

Courts, clerks of, elected by the people of the several counties, . 44 

Courts, probate, provisions for holding, 26 

registers elected by the people of the several counties, . . 44 
Courts and judicatories may be established by the general court, . 11 

may administer oaths or affirmations, 11 

Crimes and offences, prosecutions for, regulated, . . . . 7 

Crimes to be proved in the vicinity of where they happen, . . 7 

D. 

Debate, freedom of, in the legislature, 8 

Declaration of the rights of the inhabitants, 4 

Declaration and oaths of officers ; tests abolished, . . .29, 35, 36 

Delegates to congress, 27 

Departments, legislative, executive and judicial, to be kept separate, 9 

District attorneys, elected by the people of the several districts, . 44 
Districts, councillor, eight, each to be composed of five contiguous 

senatorial districts, 42 

Districts, senatorial, forty, to be of adjacent territory, and to con- 
tain as near as may be an equal number of voters, . . 46 
Districts, representative, to be established by commissioners in the 

several counties, 39,45 

Divorce, alimony, etc., 27 

E. 

Educational interests to be cherished, 29 

Elections ought to be free, 6 

Elections, by the people, of civil officers provided for by the consti- 
tution, to be by plurality of votes, 41 



INDEX TO THE CONSTITUTION. 55 

Page 
Election of civil officers, meeting to be held annually on the first 

Tuesday next after the first Monday in November, . . 41 
in case of failure to elect representative, meeting to be held 

on fourth Monday in November, . . . . . 41, 42 

Election returns, 13, 42 

Enacting style of laws, established, 33 

Equality and natural rights of all men, 4 

Estates, valuation to be taken anew once at least every ten years, 12 
Executive department, notto exercise legislative or judicial powers, 9 

Ex post facto laws, declared unjust and oppressive, ... 9 

F. 

Felony and treason, no subject to be declared guilty of, by the legis- 
lature, 9 

Fines, excessive, not to be imposed, 9 

Frame of government, . . . . 10 

Freedom of speech and debate in the legislature, .... 8 

Freehold, possession of, not required as qualification for seat in the 

general court or council, ...... 41 

possession of, by governor, provision requiring, annulled, . 48 
Fundamental principles of the constitution, a frequent recurrence 

to, recommended, 8 

G. 

General court, to assemble frequently for redress of grievances, and 

for making laws, 8 

freedom of speech and debate in, 8 

not to declare any subject to be guilty of treason or felony, . 9 

formed by two branches, a senate and house of representa- 
tives, each having a negative on the other, ... 10 
to assemble every year on the first Wednesday of January, at 
such other times as they shall judge necessary, and when- 
ever called by the governor with the advice of council, 10, 19, 37 
may constitute and erect judicatories and courts, ... 11 
may make wholesome and reasonable laws and ordinances not 

repugnant to the constitution, 11 

may provide for the election or appointment of officers, and 

prescribe their duties, 11 

may impose taxes, etc., to be used for the public service, . 12 
to be dissolved on the day next preceding the first Wednes- 
day of January, 20,37 

travelling expenses of members ; provision annulled, . .16,48 
may be adjourned or prorogued, upon its request, by the gov- 
ernor with advice of council, 19 

session may be directed by governor, with advice of council, 
to be held in other than the usual place in case of an 
infectious distemper prevailing, 19, 20 



56 INDEX TO THE CONSTITUTION. 

Page 
General court, judicial officers may be removed upon address of, . 26 
person convicted of bribery, not to hold seat in, 32 

may increase property qualifications of persons to be elected 

to office, 32 

certain officers not to have seats in, 31 

may be prorogued by governor and council for ninety days, if 

houses disagree, etc., 20 

to elect major-generals by concurrent vote, .... 21 

empowered to charter cities, 34 

to determine election of governor, lieutenant-governor and 

councillors, 41,42 

to prescribe by law for election of sheriffs, registers of pro- 
bate and commissioners of insolvency by the people of 
the counties, and district attorneys by the people of the 

districts, 44 

quorum, to consist of a majority of members, .... 48 

Government, objects of, 3, 5, 6 

Government by the people, as a free, sovereign and independent 

state, 5 

Governor, the supreme executive magistrate, styled, — The Gov- 
ernor of the Commonwealth of Massachusetts ; with the 
title of, — His Excellency ; elected annually, ... 18 

qualifications, . . 18,36,48 

term of office, 37 

should have an honorable stated salary, . . . . . 23 
the commander-in-chief, of the army and navy, but may not 

oblige them to go out of the limits of the state, . . 20, 21 

to appoint the adjutant-general, 22 

may call together the councillors at any time, . . . . 19 

not to hold certain other offices, 31 

to take oaths of office before president of the senate in pres- 
ence of the two houses of assembly, 31 

to sign all commissions, . . 32 

election determined by the legislature, 42, 43 

veto power, 10 

vacancy in office of, powers to be exercised by the lieutenant- 
governor, 24 

vacancy in office of governor and lieutenant-governor, powers 

to be exercised by the council, 25 

with advice of council, may adjourn or prorogue the legislat- 
ure upon request, and convene the same, . . . . 19 
may adjourn or prorogue the legislature for not exceeding 
ninety days when houses disagree, or may direct session 
to be held in other than the usual place in case of an in- 
fectious distemper prevailing, 19 

to appoint all judicial officers, notaries public and coroners ; 
nominations to be made at least seven days before ap- 
pointment, 21, 35 



INDEX TO THE CONSTITUTION. 57 

Page 
Governor, to appoint officers of the continental army, ... 22 
may pardon offences, but not before conviction, . . . 21 
may fill vacancy in council occurring when legislature is not 

in session, 47 

with consent of council, may remove judicial officers, upon 

the address of both houses of the legislature, ... 26 
Governor and council, to examine election returns, . . -14, 42 
may punish persons guilty of disrespect, etc., by imprison- 
ment not exceeding thirty days, 17, 18 

quorum to consist of governor and at least five members of 

the council, .......... 19 

may require the attendance of the secretary of the common- 
wealth in person or by deputy, 26 



H. 

Habeas corpus, privilege of writ to be enjoyed in the most ample 
manner, and not to be suspended by legislature except 

upon most urgent occasions, 32 

Harvard College, powers and privileges, gifts, grants and convey- 
ances confirmed, 27, 28 

board of overseers established, but the government of the 

college may be altered by legislature, .... 28 

officers may be elected members of the general court, . . 47 

Hereditary offices and privileges, absurd and. unnatural, . . 5, 6 

House of representatives, members may be instructed by the people, 8 

a representation of the people annually elected and founded 

upon the principle of equality, 16 

may impose fines upon towns not choosing members, . . 16 
expense of travel once every session each way, to be paid by 

the government ; provision annulled, . . . . 16, 48 
to enter objections made by governor to a bill or resolve at 

large upon records, 10 

qualifications of members, 17,41,45 

must be an inhabitant of district for one year preceding elec- 
tion, and shall cease to be a member when ceasing to be 

an inhabitant of the state, 45 

members not to be .arrested on mesne process during going 

to, return from, or attending the general assembly, . . 18 

the grand inquest of the commonwealth, 17 

to originate all money bills, but the senate may propose or 

concur with amendments, 17 

not to adjourn more than two days at a time, .... 17 

quorum of, 17,45,48 

to choose officers, establish its rules, etc., 17 

may punish by imprisonment, not exceeding thirty days, per- 
sons guilty of disrespect, etc. ; trial may be by committee, 17, 18 



58 INDEX TO THE CONSTITUTION. 

Page 
House of representatives, privileges of members, .... 18 

may require the attendance of secretarj 7 of the commonwealth 

in person or by deputy, 26 

may require the opinions of the justices of the supreme judi- 
cial court upon important questions of law, and upon 
solemn occasions, 26 

meeting for election to be held on the Tuesday next after the 

first Monday of November, 41 

in case of failure to elect, meeting to be held on the fourth 

Monday of November, 41, 42 

to consist of two hundred and forty members, apportioned to 
the several counties equally, according to relative num- 
ber of legal voters, ......... 44 

commissioners to divide counties into representative districts 
of contiguous territory, but no town or ward of a city to 
be divided, 45 

no district entitled to elect more than three representatives, . 45 

hoard authorized to divide county into districts, to be certi- 
fied to by the secretary, the number of representatives to 
which the county is entitled, 45 



i. 

Impeachments, by the house of representatives, to be tried by the 
senate ; limitation of sentence ; party convicted liable to 

indictment, 15, 16 

Incompatible offices, . . . 31, 36 

" Inhabitant, 1 ' the word defined, 13 

Inhabitants, census to be taken in 1865, and every tenth year there- 
after, 38,40,44,45 

Insolvency, commissioners of, elected by the people of the several 

counties ; annulled, 44, 49 

Instruction of representatives, 8 



Judges of courts may not hold certain other offices, . . . 31, 36 
Judges of the supreme judicial court, to hold office during good 
behavior, and to have honorable salaries established by 

standing laws, 9,23,26 

to give opinions upon important questions of law, etc., when 
required by the governor and council, or either branch of 

legislature, .26 

not to hold certain other offices, 31 

Judicatories and courts, may be established by the general court, . 11 

may administer oaths or affirmations, 11 

Judicial department, not to exercise legislative or executive powers, 9 



INDEX TO THE CONSTITUTION. 59 

rage 
Judicial officers, appointed by the governor with consent of coun- 
cil ; nominations to be made seven days prior to appoint- 
ment, 21 

to hold office during good behavior, except when otherwise 

provided by the constitution, 26 

may be removed from office by the governor, upon the address 

of both houses of the legislature, ..... 26 

Jury, trial by, right secured, ........ 7 

Justices of the peace, commissions to expire in seven years from 

date of appointment, but may be renewed, ... 26 



Law-martial, only those employed in the army and navy, and the 
militia in actual service, subject to, except by authority 

of the legislature, 9 

Laws, every person to have remedy in, for injury to person or 

property, 6 

power of suspension or execution of, only in the legislature, . 8 

ex post facto, prohibited as unjust and inconsistent with free 

government, 9 

of province, colony and state, not repugnant to the constitu- 
tion, continued in force, 32 

Legislative power, 9 

Legislative department, not to exercise executive or judicial powers, 9 

Legislature (see General Court). 

Liberty of the press, essential to the security of freedom, . . 8 
Lieutenant-governor, to be annually elected in November, — title 
of, His Honor; who shall be qualified same as gov- 
ernor, 23,37,41,48 

in the absence of governor, to be president of the council, . 24 
to be acting governor when the chair of the governor is 

vacant, 24 

to take oath of office before president of the senate in pres- 
ence of both houses, 31 

not to hold certain other offices, 31 

term of office, 37 

Literature and the sciences to be encouraged, .... 29 

M. 

Magistrates and officers, accountable to the people, ... 5 

Magistrates and courts, not to demand excessive bail, impose ex- 
cessive fines, or inflict cruel punishments, ... 9 

Major-generals, elected by senate and house of representatives by 

concurrent vote, 21 

may appoint their aids, . 22 

Marriage, divorce and alimony, 27 



60 INDEX TO THE CONSTITUTION. 

Page 
Martial law, only those employed in the army and navy, and the 
militia in actual service, subject to, except by authority 

of legislature, 9 

Military power, subordinate to civil authority, .... 8 
Militia, not to be obliged by commander-in-chief to march out of 

the limits of the state, 21 

captains and subalterns, elected by the train-bands, . . 21, 35 

all members of companies may vote, including minors, . . 35 

field officers, elected by captains and subalterns, ... 21 

brigadiers, elected by field officers, 21 

major-generals, elected by senate and house of representatives 

by concurrent vote, 21 

mode of election of officers to be fixed by standing laws, . 21 
if electors refuse to elect, governor with advice of council 

may appoint officers, 22 

officers commissioned to command may be removed as may 

be prescribed by law, 22, 35 

appointment of staff officers, 22 

organization ; divisions, brigades, regiments and companies, . 22 

Money, issued from treasury by warrant of governor, etc., . . 22 
mentioned in the constitution, to be computed in silver at six 

shillings and eight pence per ounce, 32 

Money bills, to originate in house of representatives, ... 17 
Moneys, raised or appropriated for public or common schools, not 

to be applied for support of sectarian schools, ... 43 

Moral obligations of lawgivers and magistrates, .... 8 

Moral qualifications for office, 8 

2ST. 

Notaries public, to be appointed by governor with advice of council, 25, 35 
may be removed by governor with advice of council, upon 

address of both houses, 35 

o. 

Oaths and affirmations, may be administered by courts and judica- 
tories, 11 

how and by whom taken and subscribed, . . 29, 30, 31, 35 

forms of, 29,30,35 

Quakers may affirm, 30, 36 

to be taken by all civil and military officers, .... 35 

Objects of government, 3, 6 

Offences and crimes, prosecutions for, regulated, .... 7 

Office of trust, person convicted of bribery, etc., not to hold, . . 32 

Office, rotation in, right secured, 6 

all persons having the prescribed qualifications equally eli- 
gible to, 6 



INDEX TO THE CONSTITUTION. 61 

Page 
Office, no person eligible to, unless they can read and write, . 44 

Officers, civil, legislature may provide for the naming and settling 

of, 11 

Officers, commission, tenure of office to be expressed in commis- 
sions, 26 

Officers, judicial, to hold office during good behavior, except, etc., 26 
may be removed by governor, with consent of council, upon 

the address of both houses of the legislature, ... 26 

Officers of former government, continued, 33 

Officers of the militia, election and appointment of, 21 

removal of, 22, 35 

Officers and magistrates, accountable to the people, . . 5 

Offices, plurality of, prohibited to governor, lieutenant-governor 

and judges, 31,36 

incompatible, . . . . - 31, 32, 36 

Organization of the militia, 22 



p. 

Pardon of offences, governor with advice of council may grant, but 

not before conviction, 21 

People, to have the sole right to govern themselves as a free, sover- 
eign and independent state, 6 

have a right to keep and to bear arms for the public defence, 8 
have a right to assemble to consult upon the common good, to 

instruct their representatives, and to petition legislature, 8 

Person and property, remedy for injuries to, should be in the laws, 6 

Petition, right of, 8 

Plantations, unincorporated, tax-paying inhabitants may vote for 

councillors and senators, 14 

Plurality of offices, 31 

of votes, election of civil officers by, 41 

Political year, begins on the first Wednesday of January, . . 37 

Polls, ratable, census of, 38 

Preamble to constitution, 3 

Press, liberty of, essential to the security of freedom, ... 8 
Private property taken for public uses, compensation to be made 

for, 6 

Probate courts, provisions for holding, 26 

registers, elected by the people of the several counties, . .21,44 

judges may not hold certain other offices, .... 36 

Property qualification, may be increased by the legislature, . , 32 

partially abolished, 41 

of governor, annulled, 48 

Prosecutions for crimes and offences regulated, .... 7 
Provincial laws, not repugnant to the constitution, continued in 

force, 32 



62 INDEX TO THE CONSTITUTION. 

Page 
Public boards and certain officers to make quarterly reports to the 

governor, 22 

Public officers, right of people to secure rotation, .... 6 
all persons having the prescribed qualifications equally eli- 
gible, 6 

Public notary (see Notary public). 

Public religious worship, right and duty of, .... . 4 

Punishments, cruel and unusual, not to be inflicted, ... 9 



Q. 

Quakers, may make affirmation, . . . . . . . 30, 36 

Qualification of persons to be elected to office may be increased by 

the legislature, 32 

Qualification, property, of governor, abolished, .... 48 

Qualification, property, partially abolished, 41 

Qualifications, of a voter, 13,17,34,44,46,47,48 

of governor, 18, 43, 48 

of lieutenant-governor, 23,43,48 

of councillors, 41,43 

of senators, . . 15, 40, 46 

of representatives, 16,41,45 

of secretary, treasurer, auditor, and attorney-general, . . 43 
Qualifications, moral, of officers and magistrates, .... 8 

Quartermasters, appointed by commanding officers of regiments, . 22 

Quorum, of council, 19,24,42 

of senate, 16,46,48 

of house of representatives, 17,45,48 



R. 

Ratable polls, census of, 38 

Reading and writing, knowledge of, necessary qualifications for 

voting or holding office, ....... 44 

Records of the commonwealth to be kept in the office of the secre- 
tary, 26 

Register of the council, resolutions and advice to be recorded in, 

and signed by members present, 25 

Registers of probate, chosen by the people of the several counties, 21, 44 

Religious denominations, equal protection secured to all, . . 5, 38 
Religious sect or denomination, no subordination of one to another 

to be established by law, 5, 38 

Religious societies, may elect their own pastors or religious teachers, 5, 38 

membership of, defined, 38 

Religious worship, public, right and duty of, and protection therein, 4 
support of the ministry, and erection and repair of houses of 

worship, 4, 5, 38 



INDEX TO THE CONSTITUTION. 63 

Page 
Remedies by recourse to the law, to be free, complete and prompt, 6 

Representatives (see House of representatives) . 
Resolves (see Bills and resolves). 

Returns of votes, 13,19,42,43 

Revision of constitution provided for in the year 1795, ... 33 
Rights, declaration of, 4 



s. 

Sailors and soldiers, who have served, etc., during- time of war, not 
disqualified from voting on account of non-payment of 

poll tax, 48 

Salary, a stated and honorable salary to be established for the 

governor, 23 

permanent and honorable salaries to be established for the 
justices of the supreme judicial court, and to be enlarged 

if not sufficient, 9,23 

School moneys, not to be appropriated for sectarian schools, . 44 

Seal, great, of the commonwealth to be affixed to all commissions, 32 
Search, seizure and arrest, right of, regulated, .... 7 

Secretary of the commonwealth, to be chosen by the people annually 

in November, 25, 43 

to hold office for one year from third Wednesday in January 

next thereafter, and until another is chosen and qualified, 43 

manner of election, etc., same as governor, .... 43 

in failure of election by voters, or in case of decease of person 
elected, vacancy to be filled by joint ballot of legislature, 
from the two persons having the highest number of votes 
at November election, 43 

vacancy occurring during session of the legislature, filled by 

joint ballot of the legislature from the people at large, . 43 

vacancy occurring when legislature is not in session, to be 
filled by governor, by appointment, with advice and con- 
sent of council, . . . . • 35,43 

not eligible, unless an inhabitant of the state for five years 

next preceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 

records of commonwealth to be kept in office of, . . 26 

may appoint deputies, for whose conduct he shall be account- 
able, .... 26 

to attend governor and council, senate and house, in person or 

by deputies, as they shall require, 26 

to attest all commissions, 32 

to certify to board authorized to divide county into districts, 
the number of representatives to which the county is 
entitled, 45 



64 INDEX TO THE CONSTITUTION. 

Page 
Sectarian schools, not to be maintained at public expense, . . 44 
Selectmen, to preside at town meetings, elections, etc., ... 13 

Self-government, right of, asserted, 5 

Senate, the first branch of the legislature, 10,13 

to consist of forty members, apportionment, etc., . . 12, 39,46 

to be chosen annually, 13 

governor and at least five councillors, to examine and count 

votes, and issue summonses to members, .... 14 
to be final judges of elections, returns and qualifications of 

their own members, 14 

vacancy to be filled by election, by people of the district, upon 

order of majority of senators elected, . . . . 15, 46 

qualifications of a senator, 15,41 

not to adjourn more than two days at a time, .... 15 
to choose its officers and establish rules, : . 15 

shall try all impeachments, 15, 17 

quorum of, 16,46,48 

may punish for certain offences ; trial may be by committee, . 18 
may require the attendance of the secretary of the common- 
wealth in person or by deputy, 26 

may require the opinions of the justices of the supreme 
judicial court upon important questions of law, and upon 

solemn occasions, 26 

to enter objections, made by governor to passage of a bill or 

resolve, at large on records, 10 

districts, forty in number, to be of adjacent territory, and to 

contain, as near as may be, an equal number of voters, . 46 

apportionment based upon legal voters, 46 

Sheriffs, elected by the people of the several counties, . . .21, 44 
Silver, value of money mentioned in the constitution to be computed 

in silver at six shillings and eight pence per ounce, . 32 

Soldier, not to be quartered in any house, in time of peace, without 

consent of owner, 9 

Soldiers and sailors, who have served in time of war, etc., not dis- 
qualified from voting on account of non-payment of poll 

tax, 48 

Solicitor-general, 21 

Standing armies, dangerous to liberty and not to be maintained 

without consent of the legislature, 8 

State or body politic, entitled, — The Commonwealth of Massachu- 
setts, 10 

Supreme judicial court, judges to have honorable salaries fixed by 

standing laws, and to hold office during good behavior, . 9, 23 
to give opinions upon important questions of law, etc., when 
required by either branch of the legislature or by the gov- 
ernor and council, 26 

not to hold certain other offices, 31,36 

Sureties of bail, excessive, not to be required, .... 9 



INDEX TO THE CONSTITUTION. 65 



Page 

Taxation should be founded on consent, 6,8 

Taxes, not to be levied without the consent of the people or their 

representatives, 8 

may be imposed by the legislature, 12 

valuation of estates, to be taken anew once at least every ten 

years, 12 

Tenure that all commission officers shall by law have in their 

offices, shall be expressed in their commissions, . . 26 

Tests abolished, 36 

Title of body politic, — The Commonwealth of Massachusetts, . 10 

Title of governor to be,— His Excellency, 18 

Title of lieutenant-governor to be, — His Honor, .... 23 
Town clerk, to make record and return of elections, . . . 13 

Town meetings, selectmen to preside at, 13 

Town representation in the legislature, 16,39,40 

Towns, voting precincts in, 47 

Travelling expenses of members, to general assembly and re- 
turning home, once in every session, to be paid by the 

government, 16 

Treason and felony, no subject to be declared guilty of, by the 

legislature, 9 

Treasurer and receiver-general, to be chosen by the people an- 
nually in November, 25,26,43 

to hold office for one year from third Wednesday in January 

next thereafter, and until another is chosen and qualified, 43 
manner of election, etc., same as governor, .... 43 
not eligible, unless an inhabitant of the state for five years 

next preceding election or appointment, .... 43 
no man eligible more than five years successively, . . .25, 26 
in failure of election by voters, or in case of decease of person 
elected, vacancy to be filled by joint ballot of legislature 
from the two persons having the highest number of votes 

at November election, . 43 

vacancy occurring during session of the legislature, filled by 

joint ballot of the legislature from the people at large, . 43 
vacancy occurring when legislature is not in session, to be 
filled by governor, by appointment, with advice and con- 
sent of the council, 35,43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 

Treasury, no moneys to be issued from, but upon the warrant of 

governor, except, etc., 22 

Trial by jury, right to, secured, 7 

guaranteed in criminal cases, except in army and navy, « 7 



66 INDEX TO THE CONSTITUTION. 

u. 

Page 
University at Cambridge, 27, 28, 47 



v. 

Vacancy in office of governor, powers to be exercised by lieutenant- 
governor, .... 24 

Vacancy in offices of governor and lieutenant-governor, powers 

to be exercised by the council, 25 

Vacancy in the council, to be filled by the election of a resident of 
the district by concurrent vote of the senate and house ; 
if legislature is not in session, to be filled by governor 
with advice of the council, 42, 47 

Vacancy in the senate, to be filled by election by the people upon 

the order of a majority of senators elected, . . . 15, 46 

Vacancy in office of secretary, treasurer, auditor and attorney- 
general, caused by decease of person elected, or failure 
to elect, filled by joint ballot of legislature from the two 
persons having highest number of votes at November 

election, 43 

occurring during session of legislature, filled by joint ballot 

of legislature from people at large, 43 

occurring when legislature is not in session, to be filled by 

governor, by appointment, with advice of council, . . 35, 43 

Vacancy in militia office, filled by governor and council, if electors 

neglect or refuse to make election, 21, 22 

Valuation of estates, to be taken anew once in every ten years at 

least, 12 

Veto power of the governor, 10 

Voters, qualifications of, at elections for governor, lieutenant-gov- 
ernor, senators and representatives, . 13, 17, 34, 44, 46, 47, 48 
not disqualified on account of non-payment of poll tax if they 

have served in the army or navy in time of war, etc., . 48 
male citizens, twenty-one years of age, who have resided in 
the state one year, and within the town or district six 
months, who have paid a state or county tax within two 
years next preceding the election of state officers, and 
such as are exempted by law from taxation, but in other 
respects qualified, and who can write their names and 
read the constitution jn the English language, . 17, 34, 44 

the basis upon which the apportionment of representatives 

to the several counties is made, 44 

basis of apportionment of senators, ...... 46 

census of, to be taken in 1865, and every tenth year after, . 44, 46 

Votes, returns of, 13, 19, 42, 43 

plurality of, to elect civil officers, 41 

Voting precincts in towns, 47 



INDEX TO THE CONSTITUTION. 67 



w. 

Page 
Worship, public, the right and duty of all men, .... 4 
Writ of habeas corpus, to be enjoyed in the most free, easy, cheap 
and expeditious manner, and not to be suspended by 
legislature, except for a limited time, .... 32 
Writing and reading, necessary qualifications for voting, or hold- 
ing office, 44 

Writs, to be issued in the name of the commonwealth under the 
seal of the court, bear test of the first justice, and be 
signed by the clerk, 32 



Y. 

Year, political, begins on the first Wednesday of January, . . 37 



• <®r. 




